Los Angeles herald., 1891-08-11
SOME DECISIONS.
Cases in the Supreme and Su-
perior Courts.
Proceedings Yesterday in the
Various Tribunals.
The Timmermans' Divorce Case
Again BObs Up.
A Number of Cases Acted Upon-Ali-
mony Denied-COurt Notes
and New Cases
Filed.

day received three decisions from Sacra-
fnento for fling in this city.
In the case of B. Ballerino, respondent,
VS.. L. M. Bigelow, appellant, the upper
court reversed the order of the superior
court of this county refusing new
trial, and dismissed the cause from the
lower court for want OF Jurisdiction.
The plaintiff in this case brought suit
against Mrs. Bigelow for the unlawful
entry and detainer of certain premises.
Damages in the sum of 5000 were
claimed, and the complaint also alleged
that the rental value OF the premises
was $25 per month. The case was
originally heard in Justices court.
Judgment went for the plaintiff, and an
appeal on the law and facts
was taken to the superior court.
A new trial was granted and judgment
rendered for the plaintiff for $50 dam
ages, which was the judgment appealed
from.
In the case OF R. G. Clark, respondent,
vs. Douglass Gum, appellant, the judg-
ment of the lower court is affirmed. The
case was instituted in the San Diego
county superior court to foreclose a
mortgage executed by Eliza M. Palmer
TO secure promissory note for $4,000.
Douglass Gum and G. E. Johnson were
made parties to the suit, because they
claimed an interest in the mortgaged
premises acquired subsequent to the ex-
ecution of the lien. Gum failed to put
Mn an appearance in the case, and his de-
fault was entered. Judgment was there
-. u. ~latv
Der 81, 1889. On December %, 1890,
Judgment, making the point that the
vision of section 407 of the Code of
Civil Procedure. The supreme court,
however, holds that the error is not
sufficient grounds for reversal
In the case of Brymer, appellant, vs..
the Southern Pacific company, the or
der of the lower court in granting new
trial is affirmed. Brymer brought suit for
damages for bodily injuries sustained
while employed by the railroad in rails
ing derailed and wrecked car. The
case was appealed because the defend
ant was granted a new trial on the
ground that the lower court was in error
in giving certain instructions to the
jury.
OUGHT TO BE SATISFIED.
Judge Shaw yesterday setting in de-
partment six handed down decision. in
the appeal cases OF Andres Ranjel and
Angel Montijo, who were convicted of
petit larceny in the police court. The
decision reads as follows
The defendants contended that the
Judgment ought to be reversed because
the evidence, if it shows any ofense,
shows that the offense committed by
the defendants was robbery and not
petit larceny. They were charged and
convicted OF petit larceny. The police
court, therefore, had jurisdiction of the
ofense. Every charge of robbery in
cludes the crime of larceny People vs.
Jones 53 Cal. 58). 1t seems to follow
that 8 conviction OF petit larceny will
bar conviction of robbery. Therefore
the state having elected to punish the
defendant for the lesser offense only, he
cannot be heard to complain that he
was convicted of the greater, but ought
rather to congratulate himself upon his
escape from a justly-deserved punish
ment. The judgment is affirmed.
LucIEN SHAW, Judge.
ALIMoNY DENIED.
The divorce case OF Mary Timmermans
VS.. q. w. Timmermans came up before
Judge Shaw yesterday on motion by
the plaintiffs attorneys that the defend
ant be required to pay alimony while
the suit was pending. The plaintiff
called several witnesses to show that
Timmermans was we'll supplied with
money and was capable of earning good
co Ior NTrc
and Mrs. Timmermans took the stand in
the latter's behalf, and Timmermans
was himself called to testify. He swore
that he was at present out of work,
though he had until recently been en-
ployed as tutor in the Childs family
and had no resources. The court, after
hearing all of the testimony, finally de-
MED the motion,
THE SUPERIOR COURT.
In Hhe case of Robertson vs.. West
'et all, Judge Shaw yesterday ordered
Judgment entered for the plaintiff in the
sum of $427 80, as prayed for.
The appeal case OF the People VS.. Wah
Kee was heard and new trial granted.
'Wah Kee was convicted of selling lot
terry tickets in the police court and ap-
Sury trial. The case was put on the
trial calendar.
A. E. McGehee, who pleaded guilty to
a charge of burglary, was sentenced to
serve two years in San Quentin.
In the foreclosure case OF M. 6: Nc
Koon ys. j. M. Browning ct al, judg-
ment was rendered by default for
$1,000. 92. w. S. Allen, one of the de-
PENDANTS, also obtained judgment for
1884 on cross complaint.
Harry E. Rose, the defendant in the
divorce suit of Rose VS.. Rose, was inter
rogated yesterday on behalf OF the
plaintiff before Notary Public Linden
field. He refused to answer most OF the
questions.
r. w. HoA, the restaurant keeper
who was held to answer by Justice
Stanton for arson in setting fire to the
Solomon block, but who was discharged
byJudge Shaw on motion of the district
attorney, applied for a writ OF mandam-
us Yesterday to compel the insurance
agent with whom he had taken out
policies to turn the documents over to
him. The writ was denied, but the
court made an order allowing Hof to
take transcript Of the documents.
NEW SUITS.
LIN. Bigelow sues B. Ballerino for