Los Angeles herald., 1891-06-23
THE COURTS.
ANOTHER MovE MADE IN THE
ITATA CASE.
A Commission Issued for the Taking of
Testimony in South Amsrica-The
Howard State Bank VS.. Fuller.
Court Notes,

On the application OF Mr.. Geo. J.
Denis. attorney for the defendants in the
case of the United States VS.. Geo. A.
Burt ct al, Judge Ross yesterday, sit
ting in the district court, ordered COM
missions to issue for the taking of
testimony in Bolivia and Chile on be-
half of Trumbull, Burt and O'Farrell.
The commissions, when issued, will be
directed to the United States consul at
La Paz, instructing him to take the
testimony OF Ancito Arce, president of
Bolivia, and to the consul or acting con-
sui at Iquique, instructing him to OBJ
tain the testimony of Capt. Manzeum,
Capt. Alberto Silva Palma, MIGUEL
Tijida and Isador Irrazuriz. The send
ing of these commissions is done at the
expense of the defendants.
The hearing of the bill of exceptions
filed by the claimants in the libel suit
against the Robert and Minnie came up
yesterday and was continued till June
"a, by consent.
HOWARD STATE BANK VS.. FULLER.
Judge Van Dyke yesterday sustained
the demurrer to the complaint in the
case of the Howard State bank VS..
7. L. Fuller, in a lengthy opinion.
Fuller, the MORTGAGE of certain realty
in Kansas, assigned his lien, and in
doing so guaranteed the payment of the
mortgage. After several other assign
nlents the mortgage and guarantee fell
into the hands of the plaintiff in the
present case, who, as soon as the orig
inal mortgager defaulted on the pay
ment of the note, brought suit against
the guarantor The demurrer, which
was sustained, held that suit should
first have been brought to obtain a
decree of foreclosure on the mortgage.
COURT NOTES.
Judge Ross yesterday, sitting in the
circuit court, handed down an opinion
in the case of the United States VS.. the
Southern Pacific company, dismissing
the suit without costs. An appeal was
allowed the plaintiff to the supreme
court. The action was brought to set
aside grant in this county.
In the suit in ejectment of John p
Jones VS.. VIM. Niles, Judge Ross yester-
day ordered judgment entered for
plaintiff by default. The property in
volved was along the beach in front of
Senator Jones's residence at Santa Mon
lea.
Peter P6rrman, a native of Germany,
was yesterday made an American citizen
by Judge Smith in department one of
the superior court.
The district attorney yesterday filed
information against James Carpenter
for grand larceny, and HI. G. Haskins
for obtaining money on false pretenses,
in department one of the superior court.
The cases were set for arraignment on
June 25th.
The examination of Seth White, the
Calabasas blacksmith, on the charge OF
insanity, was continued yesterday fore
noon before Judge Smith and commits
sion. After the hearing of further tes-
timonv the patient was adjudged insane
and ordered committed to the asylum
at Napa.
Judge Mckinley in department five
yesterday admitted Horatio Nelson,
native of England, to citizenship.
The receiver appointed by the court
in the suit of California bank VS.. the
Los Angeles and Pacific railway COM
pany presented his report to Judge
Shaw in department six yesterday and
was allowed $4,000 as compensation for
his services.
The second trial of the People vs.
Wong Ark, charged with the murder of
Goot Cue, was set for Monday, August
"A, in department six. The testimony
taken in the previous trial was ordered
The following appeal cases were placed
upon the calendar in department one
From Justice Austin's court
People vs.. All Lou, People vs.. Andres
Ranjel, and People vs.. Angel Montijo.
From Justice Ovens court-People vs.,
Wah Kee.
In department four, findings and judg-
ment were ordered for the plaintiff in
the case of F. M. Notman VS.. G. Tossell. !
In department four, Judge Van Dyke |
denied the motion for new trial in the |
case of Joyce VS.. White. The defendant |
was granted ten days stay.