Los Angeles herald., 1891-02-13

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SHARPsTEiN, j.
Appended to the opinion OF Justice
Paterson is the following.
Although we were not present at the
argument of the motion, which was
afterwards submitted on briefs, counsel
for appellant not being present at thS:
time the motion was made, we have
considered the point made by respond
ent, and concur in the views expressed
in the opinion Of Justice Paterson"
HARRIsoN, j.
DEHAvEN, j.
GAROUTTE, j.
No. 1906. Department two. Giant
Powder company vs. San Diego Flume
company.
Judgment and order reversed.
THE CoURT.
Concurrent opinions are filed by JUS
tees Mcfarland and DeHayen, both
agreeing that powder used for blasting
purposes in building fume does not
come within the meaning of the term
materials used in the building" and
therefore the powder company could not
claim any lien on the hume.
No. 1874. Department two. M. l..
Harron vs. The City of London Fire In
surance company
Judgment and order denying the mo-
tion for a new trial are affirmed.
MCFARLAND, j.
We concur
SHARPsTEIN, j.
BEATTY, G. j.
This was an action to recover $500
upon an alleged parol contract for the
insurance of the furniture in the South
ern hotel at Bakersfield.
SUPERIOR COURTS.
In department one yesterday morning
two tramps, named respectively, Robert
Black and james s. Barker, were SEN
fenced to one years imprisonment in
the penitentiary for burglary. Black
was ordered to San Quentin, while
Barker, the younger of the pair, was
sent to Folsom.
The case against Gustave de Laveaux
was Yesterday continued by Judge
Smith until the Goth inst.
The case against Mrs. Kate Pates,
charged with having assaulted Evan
Langman with deadly weapon, was dis
missed by Judge Smith yesterday.
Informations were fled in department
one yesterday as follows: Against X. G.
Newton, charged with having, on jan
uary 7th last, maliciously injured Fif-
teenth street, Santa Monica, public
highway, by blowing and tearing it up
and against Varcillo Soto, charged with
grand larceny, in having, on January
9th last, stolen the sum of $75 from Cay
tano Buelna, at Santa Monica. Both
men were held to answer by Justice
Twitchell, of that place.
Argument in the case against Luis
Palma. the Italian charged with having
assaulted Cyrus Donate with intent to
commit murder, was concluded yester-
day morning at IL 80 O'Clock, and q few
minutes later the case was entrusted to
the jury. At a late hour last night the
jury was still out, and the probabilities
were that the result would be mis-
trial.
Judge Clark and jury in department
two were occupied nearly the whole of
yesterday in hearing the plaintiffs tes-
timony in the cause of Ellsworth vs. the
Gallup Coal Co., suit for breach of
contract, the trial of which commenced
on Wednesday last. ,
In the same court case that promises
to be interesting, when it comes up for
trial, was continued by Judge Clark for
the session. tits that OF Warren, ct al.
vs.. Bouton; ct al.
The much prolonged trial Of the cele-
brated case OF Candelarai Tapia de AL
varado We. Jesus Romero, ct al, was
brought to conclusion in department
five yesterday afternoon, and was sub
mitted. .
Judge Van Dyke. being still too i'll to
occupy the bench, all causes set for
hearing in department four yesterday
were passed, with the exception of that
of Roberts va. Moore. In this case
Judge Wade heard the motion of de-
fendant's counsel to vacate and set aside
the judgment entered therein on August
2lst, 1889, and dismiss said action,
which motion was submitted on briefs,
in accordance with the stipulation.
NEW SUITS.
Among the documents filed with the
county clerk yesterday we're the follow
ing new complaints and petitions:
Los Angeles Terminal Railway COM
pany VS.. Michael Gross ct al; suit to
quiet title to lot As OF the Myers tract.
Los Angeles Terminal Railway COM
pany vs.. A. Jacoby ct al. suit to obtain
decree condemning lot block L, lot
block e andclots and 2 block +, of ia
coby and Thomas's subdivision of the
Blow tract, for plaintiffs right Of way.