Los Angeles herald., 1891-04-04
AMONG THE COURTS.
TWO SUPREME COURT DECISIONS
RECEIVED YESTERDAY.
The Gases Decided and Their Points.
Mike Ryan Acquitted-Happenings in
the Various Courts.

Two opinions were received and filed
yesterday by M. j. Ashmore, the local
deputy clerk Of the supreme court in this
city.
In the case Of r. L. Horton (respond-
ent) VS.. Y. Gallardo (appellant), the
supreme court reversed the judgment Of
the lower court and remanded the cause
for a new trial. This was an appeal by
defendant from the judgment against
him by default, his counsel making the
point that the summons in the action
was not served on him. The only evil
dence contained in the record from which
the court could have found service of the
summons upon the defendant is the
affidavit OF j. S. Chadwick, dated Feb
ruary rs, 1890, which was endorsed on
the summons.
As this affidavit did not state or show
that Chadwick was over the age of 18
at the time of the alleged serv ice of the
summons by him, the court ruled that
it was insufficient to prove such service.
The other opinion was that of Justice
De Haven, concurred in by Justices
Garoutte, Mcfarland, Sharpstein, Pat
erson and Harrison, affirming the judg-
ment of department one, which affirmed
that of the lower court, in the case of
Smith ct al. (respondents) VS.. Olinstead
ct al. (appellants; an action for the
purpose OF determining conflicting
claims to real property.
RYAN ACQUITTED.
In department six of the superior
court, yesterday morning, the case of
Mike Ryan, charged with petit larceny,
with prior conviction, came on for trial
before Judge Lucien Shaw and Jury,
and occupied their attention all day.
The defendants counsel entered a
formal motion for a dismissal at the
commencement of the proceedings, on
the ground that his client had already
been in jeopardy, but the court prompt
ly denied the motion.
Chris. Cloetta, a saloon man, who is
the complainant in the case, accused
Ryan of having on December %, 1890,
stolen sack coat valued at $40; and
the prosecution showed that the de-
fendant was convicted of having stolen
silver napkin ring from the residence
of L. E. Rowan, on February II, 1890,
thus bringing Ryan's crime within the
limit OF the more serious charge OF fel-
ony. The case was finally submitted to
the jury at 3:40 O'Clock, but no ver-
dict was reached until AS O'Clock,
when the defendant was acquitted OF
the charge, and released from custody.
COURT NOTES.
The appeal of Frank Hassfurther, re-
Gently convicted in the Justices court,
at Ballona township, of having disturb
ed the peace OF Mrs. L. Henderson, a
resident Of Pico Heights, by whistling
Johnny, Get Your Gun, as he passed
her house twice every day, came up for
hearing before Judge Lucien Shaw, in
department six, yesterday, and was, af-
ter argument, submitted and taken un-
der advisement.
After hearing the testimony of one
more witness for the defense, in the pre-
liminary examination of the O'Brien
perjury case. Justice Stanton granted
continuance yesterday, until the 9th
inst, Alexander Campbell, Esq, one OF
the defendants attorneys, having been
summoned to San Francisco.
Max Roth, Main-street cigar dealer,
appeared before United States Commits
sioner Van Dyke yesterday afternoon,
for examination upon the charge of hav-
ing on February 18th, last, sent through
the United States mail a certain letter
containing prohibited matter, to-wit:
list of the prizes drawn in the Louisiana
state lottery. After hearing the testi-
mony and argument the commissioner
took the matter under advisement.
Judge Smith presided in department
two OF the superior court yesterday al
ternoon to call the probate calendar