Los Angeles herald., 1891-09-18

Deputy Supreme Clerk NJ. ]. Ashmore
received five decisions from San Fran
cisco Yesterday, on cases appealed from
the Los Angeles district, several of
which are of more than ordinary in
terest.
In the case of the city OF Pasadena, re-
spondent, VS.. Charles w. Stimson, APP
peIIant, an appeal from decree of con-
demnation of a right of way for an out
fall sewer, the judgment of the lower
court is reversed and the cause is re-
manded for a new trial. The city OF
Pasadena, for the purpose Of promoting
the health, comfort and convenience of
its Inhabitants, is engaged in construct
ing a system Of sewerage whereby it pro-
poses to discharge the city sewage
upon farm about four and half
miles from the city limits. 1t has OBJ
tanned from the county OF Los Angeles
the right of wav for the necessary out
fall sewer along certain county roads
from the boundaries of the city to point
at or near the intersection OF the Mon
terey road and Garfield avenue, which
is the principal, or one OF the principal,
streets OF the neighboring town OF All
hambra. From this point the proposed
route of the sewer is along Garfield ave-
nue., east of its center line, through the
town OF Alhambra to another county
road, and thence along said road to the
sewer farm.
This proceeding is against the owners
OF lots fronting on the east side of Gar
fsnfN urh n ctInnnrf Of their
appeal from the decree of condemnation,
assign numerous errors in the rulings of
the superior court. They contend that
the court erred in overruling their de-
murrer to the complaint, in denying
their motion for a nonsuit, in admitting
and excluding testimony at the trial, in
permitting an amendment of the COM
plaint after the plaintiff had closed its
case, and in instructing the jury.
The supreme court finds that error
mas been committed in one or two in
stances, and remands the case.
THE PEOPLE VS.. BEAUDRY.
In the case of the People OF the State
OF California ex rel. John Robarts (re-
spondent) VS.. Prudent Beaudry ct al.
(appellants), an action to compel the
vacation of portion of Buena Vista
street in this city, the judgment of the
lower court is also reversed. 1t was
alleged in the complaint that a certain
strip of land was on October l., 1865,
and ever since has been, portion OF
public street in the city OF Los Angeles,
now known as Buena Vista street that
defendants on or about April l, 1871,
erected and maintained, and still do
maintain, on that part of the street de-
scribed certain buildings, posts, fences
and other things which, ever since they
were erected, have obstructed the street,
and hinder and prevent the use thereof,
and are public nuisances und illegal OBJ
structions. The prayer is that this
strip of land be declared and decreed to
be a common public street and highway
free for travel for all persons, and that
the defendants be ordered and decreed
TO remove therefrom the buildings,
houses, fences, etc. The defendants
made general denial to the complaint,
and after the cause was tried judgment
was ordered for plaintiff.
The appellants contend that the at
tOrney-general had no authority to in
stitute the action and that it should
have been dismissed but the court holds
that the distractions complained of, if
they were on public street and of the
character, alleged, constituted public
nuisances and that the encouragement
had authority to institute suit for their
abatement. The upper court reverses
the judgment on the refusal of the su-
periOr court to admit the judgment
roll of the case of the city of Los Angeles
VS.. Prudent Beaudry and Victor Beau
dry, in evidence, which case involved
the same issues,
THREE OTHER CASES.
In the case of Mcdaniel, respondent,
VS.. Pattison, appellant, an action to
cancel and annul certain deeds, the
judgment and order denying a new
trial are reversed and the cause re-
manded.
Decisions were also received in two
cases of the same title-Kiessig, re-
spondent, VS.. Alspaugh ct al. appel
lsMts. The actions were brought to re-
cover $4,000 on bond given to secure
the plaintiff against loss through the
failure of the defendant to fulfill con-
tract to build a certain house. Liens
were iled On the building, after it was
completed, and Kiessing recovered
against Allspaugh's bondsmen. The su-
preme court upholds the judgment of
the lower court except as against one
h0ndsman-Lundeen.