Los Angeles herald., 1891-09-26

An opinion which will attract much
attention from lawyers and stockholders
in corporations was handed down by the
supreme court Thursday, and was sum-
married. in the HERALD. It holds that a
judgment creditor who has exhausted
his remedy against corporation may
sue any one or more Of the stockholders
who hold stock not fully paid up, and
obtain Judgment in his favor for the
balance due, to be applied in satisfac-
ton OF his Judgment. The creditor may
select any one or more of the solvent
stockholders and sue him or them alone,
without joining the others. The court
also holds that this is an equitable rem
edy, which the creditor may invoke,
without regard to the remedy given by
statute against the stockholder for his
proportional share of indebtedness.
It is also held that in such action the
stockholders cannot dispute the judg-
meEt or execution, but that they are
conclusive againt them.
The case originated in San Diego, and
was brought against L. S. Babcock, Jr.,
II. l.. Story and j. Collett, as stockhold-
ers of the San Diego Street Car COM
pany, upon judgment for about $40,-
600 which plaintiff had obtained against
the company. The plaintiff succeeded
in the superior court, and now, on ap-
peal, the Judgment is affirmed. He was
represented by Frank Burnett, now of
the firm of Burnett & Gibbon, this city,
while half score of attorneys of San
Diego and this city appeared for the de-
tense.
THE sIER YUEN CASE.
The trial of Sier Yuen charged with
the murder of All Dick, at La Canada,
last April, came to an end yesterday af-
ternoon in department one of the supe-
rior court. The arguments in the case
were resumed in the morning. Mr.. APP
pei finished his opening argument for
the prosecution Thursday afternoon. j.
Marion Brooks and G. Wiley Wells
made effective arguments for the de-
tense yesterday morning, calling atten-
ton to the weak points of the prosecu-
ton in the chain of purely circumstan-
tial evidence against the defendant.
The closing argument for the prosecu-
ton was made by M. f. G. Munday,
who finished at O'Clock. His argument
was an able one and regarded as an ad-
mirable presentation of the case. The
jury retired at o'clock.
The Jury was out during the rest of the
afternoon, and up to late hour last
night had been unable to arrive at a
verdict.
In department five, yesterday, in the
case of Adams vs. Irvine, judgment was
rendered for the defendant. The case
involved dispute over land in the San
Jose rancho, the plaintiffs case being
knocked out by recent decision in the
United States court.
The trial of the case of p. Hollenbeck
vs.. Schnabel, is going on in department
four. 1t is case in which the defend
ant is accused of frauduleDtly obtain
ing certain liquors, when he had become
insolvent.
E. L. Baker, held for trial en- the
charge of attempting to secure fradu-
lent loan, gave his boud of $2500 yester-
day, the sureties being Mrs. Baker, Mr..
Cleghorn, F. r. Green and J. ]. Nc
Manus.
A damage suit for $25, 1000 is on trial
before Judge Clark, in which Harry
Richmond asks for that amount from
the Los Angeles Ice and Cold Storage
company, for injuries received by the
bursting of generator at the works.
In the Wong Ark case yesterday the
defendant was granted ten days addi-
tional time in which to prepare bill of
exceptions.
Manuel Perez, an incorrigible boy,
was sent to Whittier yesterday by Judge
Mckinley. for three years.
A divorce suit is ON trial before Judge
Mckinley in which George H. Delp asks
for dissolution of the bonds of matri-
mony from his wife Mrs. Annie B. Delp,
on the ground of desertion.
NEW SUITS.
Mrs. Eliza Watson yesterday began
suit against R. G. Ackley ct al, to quiet
the title to lot on Fort street.
VIM. M. Burr sues Fields E. McMil-
Ian to foreclose mortgage for $500.
A foreclosure suit for $500 was insti-
tuted by Henry Thomas VS.. w. d. Eek
stein, ct al.
B. g. Latin sues F. N. Cooke to re-
cover $32S6 damages for alleged breach
of contract and for an accounting.
S. White ct al. began suit against
Alex Mcdonald ct al. to quiet the title to
lot 16, block 23, East Los Angeles.
Thomas A. Pallett filed a petition for
the probate of the will of Jacob Lower,
deceased, the estate being valued at