Los Angeles herald., 1891-03-03
AMONG THE COURTS.
MATTERS OF INTEREST ACTED ON
YESTERDAY.
Supreme Court Decisions--Judge Smith
Resumes His Seat-Cases Which Came
Up in the Various Departments.

The decision of the supreme court in
the appeal case of G. F. Hagman VS..
Mrs. Ellen L. Williams ct al, reversing
the order and judgment of the lower
court and remanding the cause fora new
trial, with leave to the parties to amend
their pleadings, ii they shall be SO adj
vised, was yesterday received from San
Francisco and filed by Deputy Clerk
Ashmore.
This was an action to foreclose lien
for work and materials used in the paint
ing of a house erected for the defendant.
The complaint states that Mrs. Ellen L.
Williams owned lot, and entered into
a contract with certain builders to fur
nish all the materials and labor and
erect dwelling-house upon it. The
contractors commenced the construction
of this house, and afterwards made a
contract with plaintiff and one Anderson,
under and by which they were to fur
nish materials and perform the labor OF
painting the house, the price agreed
upon being $3.50. Mrs. Williams, how
ever, agreed with the painters that she
herself would pay the painters this
amount, and also for any extra work
they might do ON the house. The paint
ers complied with all the conditions ot
their contract and, at the request OF
Mrs. Williams. did $26 worth of extra
work, the full amount due then being
$181. Of this sum only $107 was paid
WI vvoo infC no
they were unable to collect the balance
the plaintiffs filed claim of lien upon
the house for that sum, Anderson having
assigned his claim to plaintiffs. The
defendants in their answer denied that
plaintiffs had fully performed their con-
tract; but the court on hearing the evil
dence ordered judgment for plaintiffs,
foreclosing the lien, and denied defend
ants motion for new trial, whereupon
defendants appealed.
In the cause of Hawthorne ct al, VS..
Siegel ct al, the supreme court afnrmed
the Judgment and order of the lower
court. This was an action brought to
recover damages for trespass alleged to
have been committed by defendants in
breaking and entering" upon premises
held, used and possessed by plaintiffs
under lease, and "forcibly and unlaw-
fully altering and changing the con-
struction" of the premises "by lowering
portion of the ceiling" thereof, and
"by closing up and obstructing the win
dows and grating thereof through which
plaintiffs obtained light and air for
their said premises" 1t was further al
legged that these acts of the defendants
rendered the premises 'totally unfit and
useless for the purposes of plaintiffs
business. a barbershop and bathroom,
thereby compelling them to leave the
place and lose their leasehold rights
thereby. For this and the consequent
loss OF their established trade they
claimed heavy damages, but obtained
judgment for $500 oily, whereupon they
appealed from the Judgment and an
order denying a motion for new trial.
COURT NOTES.
Indce B. N Smith as-ss.f a; e;-mtiy re-
covered from his recent indisposition
yesterday to occupy the bench in de-
partment one for short time and dis
pose of what little business there was
before him.
On motion of the district attorney,
three informations were filed against J.
M. Damron, charging him with the
forgery OF three notes in April and July
last. The ex-assemblyman will appear
for arraignment tomorrow.
Ralph Murphy and John Wilson, the
two men charged with having burglar
lied freight car of the Southern Pacific
company at Tropico recently, appeared
before Judge Smith yesterday for ar
raignment, and will be called upon to
plead tomorrow.
Judge Clark left yesterday on trip
to San Diego, at which place, by mutual
agreement, he will sit for Judge Pierce,
who will occupy the bench of depart
ment two in the meanwhile.
Owing to the absence of the defend
ant, the preliminary examination of j.
S. Taylor, charged with having perjured
himself during the trial of the sensa-
tional Marshall-Taylor case, was not
resumed before Justice Stanton yester-
day afternoon, and continuance was
had until today.
The trial Of the case against Mace
Mayes of Lancaster, charged with grand
larceny, which was to have come up for
hearing yesterday inndepartment six,
was continued on motion of the district
attorney, owing to the absence of the
states witnesses.
The case against Mike Ryan, charged
with petit larceny and prior conviction,
was yesterday set for trial by Judge
Shaw in department six on Wednesday
morning next, on which date the case
against X. G. Newton Of Santa Monica
will be set.
Yesterday was law and motion day in
department five Of the superior court,
the only item OF interest that occurred
being the denial by Judge Mckinley Of
the motion OF the defendant in the cause
of John Long vs. Mrs. L. Dumont, to
discharge the receiver recently appoint
ed to take charge ofsthe Winona lodging
house on Temple street.
ROUTINE BUSINESS.