Los Angeles herald., 1891-03-11
AMONG THE COURTS.
SEVERAL DECISIONS FROM THE
SUPREME COURT.
A Hotel Case Settled From San Luis
Obispo--A Number Of Legal Episodes
Noted-New Cases Filed.


affirming the judgment Of the lower
court in the case Of the California
Southern hotel company VS.. G. j. Rus
sell was received and filed by Deputy
Clerk Ashnore yesterday. The facts Of
the case are as follows: Prior to Au-
gust II, 1887, defendant and others
signed paper by which they agreed to
and with each other that they would
organize and form corporation for the
purpose OF erecting and owning a hotel
building in the city OF San Luis Obispo,
and or purchasing all real and personal
property necessary to be used in con-
nection with said building; that the
capital stock OF the said corporation
should be 100000, divided into 1000
shares of the par value OF 500 each;
that they, respectively subscribed for
such number OF shares OF the stock as
we're set after their names, and would
pay for the same, at such time and in
such manner as might be determined
by the board OF directors to be there
after chosen, whenever $4,000 of the
capital had been subscribed. The de-
fendant subscribed for ten shares of
stock, the paper then showing subscrip-
On August IL, 1887, corporation
was organized in the name of
the plaintiff with capital stock
of 100000, but defendant was not
present at the preliminary meeting and
did not acquiesce or agree to the forma-
tion of the corporation, and never recog-
nized it's validity, and when called upon
bv the board of directors to pay up bis
subscription, in installments of twenty
per cent. each, refused to do so, where
upon this action was brought to recover
the same. The case was tried by the
court, without jury, and judgment en-
tered that plaintiff take nothing by its
action, whereupon plaintiff appealed,
claiming that judgment should have
been entered in its favor on the find
lngs.
The supreme court, sitting in bank,
affirmed the judgment and orders of the
lower courts in the following cases Eb-
len VS.. Lewison, Woody ct AL VS.. Ben
nett ct al, Prebel vs. Abrahams, Logan
ct al. VS.. Rose ct al, Moore vs.. Moody
and Wren VS.. Mangan ct al, while the
appeal in the Vance case was dismissed.
COURT NOTES.
On motion OF the attorney for the gov
ernment, Judge Ross, in the circuit
court, yesterday, granted ninety days
further time in which to ake'testimony
before the examiners in the case of the
United States VS.. j. H. CasweE ct al,
which was continued tor the term.
Edward J. Dole, Esq, was yesterday
admitted to practice in the United
States courts, by Judge Ross, upon his
production OF his certificate from the su-
~ ofo%a nd
of H. G. Barclay, Esq.
Mrs. j. r. Elliott, remarkably at
tractive young lady, appeared before
Judge B. N. Smith, in department one
yesterday afternoon, with her attorney,
T. J. Carran, ESQ.,, and asked to be di-
vorced from her husband, H. N. Elliott,
on the ground that he had been con-
victed OF felony. 1t being shown by
the records that Elliott was convicted
of forgery in October last and subse-
quently sentenced to imprisonment at
San Quentin for one year, the court or
dered decree as prayed for.
Varcillio Soto, who is awaiting trial
upon the charge OF grand larceny, it
being alleged that he robbed Caytano
Buehen of $75 at Santa Monica, on jan
nary 9th last, was yesterday admitted
to bail by Judge Smith in the sum of
$500.
The trial of the suit brought by A. T.
Currier against F. G. Howes ct al. to
recover $1,000 damages alleged to have
been sustained by reason OF the obstruc-
ton by defendants OF an alley in the
block bounded by Spring. Broadway,
Third and Fourth streets, and for an
injunction restraining them from con-
tinuing the alleged obstruction, was
commenced before Judge Wade in de-
partment three yesterday, and will
probably occupy his attention today.
Judge Mckinley, sitting for Judge
Van Dyke, who had relapse and is
again seriously i'll. in department four
yesterday, ordered findings, and judg..
ment for the defendant in the case OF
Mrs. S. M. Tentroyler VS.. G.. Foyer, a
suit for illegal detention of property,
which was tried and submitted on Feb
ruary 9TH last.
The divorce suit OF Richards VS.. Rich
ards was transferred from department
four to department three yesterday.
In department five yesterday Judge
Mckinley ordered findings and judg-
ment for plaintiff. as prayed for, in the
five ejectment cases against the Los An
geles and Pacific railway company.
H. G. McBirney, a native of Ireland,
was yesterday admitted to citizenship
by Judge Mckinley, upon his produc-
ton of the requisite proof of residence,
and taking the usual oath of allegiance.
In the township court yesterday G..
f. Lee was fined $5 for having battered
the little son of Adam Vogt recently,
during dog fight.
The Taylor perjury examination was
resumed yesterday afternoon before
Township Justice Stanton, James
O'Brien being upon the stand for some
time for the defense. There were no
new developments, the same ground
covered before being gone over in detail,
NEW SUITS.
Among the documents fled with the
county clerk yesterday we're the prelim-
mary papers in the following new suits:
Elizabeth Dedual ct al. vs. f. III.
Baron; suit to recover $1,000, with in
terest thereon at the rate of 12per cent.
per annum from July %, 1890, and for
$500 with interest at 10 per cent. per an
mum, alleged to be due on two promis-
sorry notes.
b. F. Ball VS.. w. G. Benedict ct al.
suit to recover $1666.66, with interest
thereon at 10 per cent. from March IL,
1888, alleged to be due on promissory
note.