Los Angeles herald., 1891-03-06
AMONG THE COURTS.
TWO DECISIONS FROM THE sU-
PREME COURT.
The Truitvale Winery Case Settled-vari-
GUS Matters of Interest in the Supe-
rior Courts-New Cases.

Two opinions were received and fled
by M. J. Ashmore, the local deputy
clerk of the supreme court, yesterday,
the one affirming the judgment of the
lower court, in the case OF Chas. Town
send vs. ]. s. Briggs, and the other re-
versing the judgment Of the trial court,
in the case of Ortega We. Cordero, and
remanding the cause for new trial,
with leave to the parties thereto to
amend their pleadings if they SO desire.
The former case was an action to re-
cover damages in the sum of $40, 900, for
personal injuries alleged to have been
wrongfully, wantonly and maliciously
caused by defendant, who struck him
over the head with mallet. knocking
him down upon a cutting machine
which severed all the nerves, veins and
arteries of the left arm, near the elbow,
and rendered it necessary, in order to
save his life, to have the limb amputa-
ted, thereby rendering him helpless
and unable to earn his support. The
case was tried by jury, who rendered
verdict for the paintiff for damages in
the sum Of $500. The plaintiff moved
the court for new trial ON the ground
that the verdict would not compensate
him for the damage he sustained. The
court granted his motion, but the de-
fendant appealed against this order.
The second case was an action brought
to recover balance due on the purchase
money of an undivided one-third part of
tract OF 1000 acres of land, valued at
$1,000, which plaintiff agreed to sell to
defendant on November %, 1888. By
the terms of their agreement defendant
was to discharge all plaintiffs debts,
which amounted to $l400, and to
pay him in addition the sum
of $500, of which the sum
of $25 was paid down as guarantee
of good faith. A deed to the land was
executed to the defendant on January
%, 1889, but he subsequently refused to
pay the balance of $1475 still due, claim
ing that he only agreed to discharge
plaintiffs debts. The trial court rendered
judgment for defendant, whereupon
plaintiff appealed.
u. CIRCUIT COURT.
The trial of the cause of the United
States VS.. the Fruitvale Wine and Fruit
company, an action to obtain judgment
for $1,000 alleged to be due on bond
given by the defendant to insure its OBJ
servance of the revenue laws, on the
ground that it had violated them by
making false returns of the amount of
brandy turned out at its distillery in
1887, was resumed in the United States
circuit court yesterday morning before
Judge Ross and jury. No further tes-
timony, however, was introduced, as
the defendants counsel moved the court
for nonsuit on technicality, the bond
being for the faithful performance of
the requirements of the revenue laws at
the city of Fresno, whereas the violation
was committed at the distillery, which
is located in the Scandinavian colony,
some four miles away. On this showing,
which was not gainsaid by the United
States district attorney, the court in
structed the jury to return verdict for
the defendant, which was done, and the
case was thereupon disposed of.
In the same court, yesterday after
noon, the two suits of the United States
vs. the Southern Pacific railroad COM
pany, to quiet title to certain land al
legged to have been acquired by patent,
were submitted on briefs, Judge Sawyer,
who arrived from the north yesterday
occupying the bench with Judge Ross.
A decision in a suit brought by the
United States against the Southern Pa
cific railroad company some three years
ago, to set aside patent to certain land
in this county, will be rendered by
Judge Sawyer at 10 o'clock this morn
ing.
THE SUPERIOR COURTS.
The cause of the Los Angeles Terra
Gotta and Brick company VS.. the Trus-
tees Of the Simpson tabernacle, came
up for trial before Judge Pierce, of San
Diego, sitting for Judge Clark, and a
iury, in department two of the superior
court, Yesterday. The action is brought
to obtain Judgment for $l100 alleged to
be due for brick furnished for the con-
struction of the new church ON Hope
street, between Seventh and Eighth
streets, which, however, the defendants
claim were never ordered. The case
will probably occupy the attention of
the court the whole OF the day.
was yesterday admitted to the rights of
citizenship of the United States by
Judge Wade, upon producing the neces-
6hIy PIOOlD Va nA1 ACoAOOAOO AOAO, oAAN
taking the usual oaths Of renunciation
and allegiance.
Judge Lucien Shaw, sitting for Judge
Van Dyke in department four of the
superior court, yesterday rendered his
decision in the somewhat complicated
suit of Dimmick VS.. Dimmick, finding
for the defendant. The action involved
q considerable amount of property in
this county and the state of Iowa.
Elmer D. Dimihick and Julia A. Dim
mick, husband and wife, lived in Los
Angeles prior to August, 1883. She
died August 7th, and Delos M. Dimmick
was appointed her administrator. On
January 10, 1889, Elmer Dimmick mar
ried again, but on April 5th of the same
year he died and his widow, Mrs. Sarah
Dimmick, was appointed executrix of
his estate, and she entered into possess
sion OF it. The present suit is brought
bv the administrator of the first wife,
Claiming that all of Elmer Dimmick's
property was hers by right; that he
bought property with her money, and
that during their marriage the property
was all her separate estate, coming to
her by inheritance, rents, ETC., although
it was put in his name for convenience.
The administrator sues to have the sec
nnd wife deed back all the property, and
to enioin her as executrix from dispos-
ing Of any Of it.
Judge Shaw in rendering his decision.
said nWben the husband reserves his