Los Angeles herald., 1891-02-06
AMONG THE COURTS.
PR0CEEDINas YESTERDAY IN THE
VARIOUS TRIBUNALS.

Two Supreme Court Decisions-A Batch
Of Superior Court Notes.-The Federal
Tribunals-Nsws Suits.
The following decisions were received
and 6led yesterday by Ben G. Weir, the
local deputy clerk Of the supreme court:
DEPARTMENT ONE.
1925 Southern California National
bank of Los Angeles We. Wyatt ct al,
Judgment is affirmed. The court.
1SS09 Hass, assignee, ETC., vs.. Whit
tier, Fuller 4 Co., Judgment is reversed
with instructions to the court below to
sustain the demurrer to the complaint.
The court.
SUPERIOR COURTS.
In department one Of the superior
court yesterday Robert Black and James
S. Barker appesred before Judge Smith
to plead to two separate charges Of
burglary preferred against both of them.
On being called upon to enter their
pleas. their attorney moved the court
t6 set aside the inforinAtione fled against
them, on the ground that they had not
been legally committed by a magistrate
prior TO- the filing thereof.
The motions were promptly denied,
whereupon demurrer was filed in each
case on the usual statutory grounds, but
these were also overruled, and the cases
were ordered placed upon the trial cal
endRr. On motion of the district attor-
ney another information was filed charg-
ing the two men with third burglary !;
and upon this the defendants were
ordered TO appear for arTaignment. on
Monday next.
James Neil, who is charged with ille-
gal voting, appeared before Judge Smith
yesterday morning with his counsel,
and moved the court to set aside the in
formation on file against him on the
usual technical grounds, but the motion
waa denied; and demurrer which was
The cause was ordered placed upon the
trial calendar, and will be set for trial
on Monday next.
The trial OF All ing, the Chinaman
charged with conducting percentage
game, to wit: a game known as "Chl-
nese pool" in October last, was COM
menced before Judge Smith and Jury
Yesterday. Before the work of impan-
elling jury began, H. H. Appel, ESQ.,,
one Of the attorneys for. the defense,
made a motion to the effect that Judge
Smith vacate his order excusing An
drew Bland from further attendance as
q juryman, claiming that the dismissal
of Bland was illegal, as the court gave
no reason for its conduct. The attorney
wanted the name OF Bland placed again
upon the panel. He was about to argue
his point, but the court cut him off and
Overruled his motion. An exception
was entered.
The only witnesses for the prosecution
were Detectives Bosqui and Wallin, of
the police force, who testified briefly to
the fact that the defendant took a small
percentage from the pool subscribed by
his patrons before they used their cues
in the game. Several witnesses were
examined for the defense, by whom it
was attempted to show that the defend
ant was only an employee, and did not
therefore conduct the game as principal.
The testimony was all In by 4o'clock,
and after hearing the opening argument
the court took recess until this morn
ing; when the case will in all probability
be brought to q close.
In department two yesterday morning,
Judge Cla-k ordered decree as prayed
IOE ny CuC pIdkubIl1 III tuc 6ulC UIOuSuV
by John Wolfskill against the Los An
geles and Santa Monica Land and Water
company, and the same was signed and
May 27, 1887, agreed to sell to John w.
Hoyt the Rancho Ban Jose de Buenos
Ayres, which contained 1887 acres, at
$100 per acre, and subsequently by
mesne conveyances the interest of Hoyt
became vested in and was duly
assigned to the defendant COM
pany, which failed to live up to
the terms OF Hoyt's agreement,
whereupon plaintiff brought suit to fore
close all the unconveyed land in the
Rancho San Jose de Buenos Ayres,
which now reverts back to him.
In the matter of the estate Of Irenio
rAbila, which case was to have been
heard by Judge Clark, yesterday, a con-
tinuance was had, and the cause was
reset for trial on March 9th next.
Judge CLARK yesterday ordered that
an interlocutary judgment be entered in
accordance with the prayer of the
amended complaint filed. by the plaintiffs
in the case of w. Banning, ct al. vs.
Mary HI. Banning, ct al, and the same
was signed and fled inopen court.
The trial of the case of the San Pedro
Lumber Co. We. Merrick Reynolds, ct
al, was again resumed before Judge
CLARK yesterday, and will probably oc.
cupy his attention for some days to
come, as the testimony for the plaintiff
is not yet all in.
In department three of the superior
court yesterday, Judge Wade granted
the plaintif in the case Of Young Va.
Neal until Thursday next in which to
file his statement on motion for new
trial, execution being stayed until that
date.
In the case OF Cogswell ct al. vs. the
Los Angeles, Pasadena and Glendale
railroad company, Judge Wade. with the
consent OF the plaintiffs, granted the
motion of Messrs. Gibbon and Creighton,
who appeared for the Terminal railway
company, for leave for that company to
appear as defendants in the action.
The plaintiff in the cause entitled
Neweome We. the estate of H. Hammel
ct al, was yesterday granted leave by
Judge Wade to file an amended COM
plant.
The long drawn out, trial Of Alvarado
W.. Romero ct al. was resumed in de-
;partment three yesterday and still oc-
cupies the attention Of the court.
Judge Mckinley, sitting forJ Judge Van
Dyke, in department four, yesterday