Los Angeles herald., 1892-12-20

detachment is upon detenuauv .-
and not on that of plaintiff. Plaintiff
claims an easement in these pipes and
in this land of defendants, and claims
title to the waters there flowing to the
amount of 500 gallons daily. The onus
probandi rests upon him, and it will not
suffice for him to present mere scin-
tilla of evidence. If. Gate had vend-
able right to this water, it was of GER
tain amount, or of an amount capable of
reduction to certainty. There is NO evil
dence of what this amount is or was.
plaintiff also seeks to have his title
quieted to this easement. As we'll
might he ask to have his title to parcel
of land quieted, and leave the court to
guess at the number of acres, If any, to
which he was entitled, with strong
possibility against his being entitled to
anything whatever.
"The Judgment in this case should be
for defendant, and 1t is go ordered. De-
fendant will prepare and submit find
ings in accordance herewith"
Judge Wade also granted new trial
yesterday in accordance with the follow
ing brief opinion, in the case of J. II.
w. Pattison vs. The Consolidated Elec-
trio Railway company: 'There seems
to have been suffic cient evidence offered
by plaintiff, when the judgment roll
made the evidence OF claim under color
of title sufficient to amount to construc-
tive possession of the lot in question, to
entitle plaintiff to judgment-in the
absence of q better right on the part of
defendant. Therefore the non suit should
be set aside, and it is so ordered, and
new suit granted"
Judgment was also ordered by Judge
Wade for plaintiff in the case OF Myer
vs.. Huarte ct al. an action to foreclose
a mortgage, in accordance with short
opinion. The defense was that subse-
.queDt mortgage upon the same property,
given to secure distinct debt, had
been foreclosed by the plaintiff, and the
property cold to satisfy the judgment,
and that the first mortgage sought to be
foreclosed in the present action was for
debt which was overdue when the
action was brought on the subsequent
debt and mortgage. In giving judg-
ment for plaintiff, the court says that If
the defendant had made a timely mo-
ton for the consolidation of the two
cases, it might have been favorably en-
tertained, but as one of the actions has
been permitted to go to judgment, no
good reason is apparent why the other
should not follow the same course.
Conrt Notes.
In the foreclosure case Of William
Riley vs. ]. F. Chamberlain ct al, Judge
Wade yesterday gave judgment by de-
fault in favor OF plaintiff for $4,000.
In the case of @. E. De Camp vs. CIV.
Bryson, Judge Wade ordered findings
and judgment for plaintiff for the
amount of the payment acknowledged
in the contract and interest from date of
RECESSION.
William Pollard, native of Canada,
was admitted to citizenship by Judge
Van Dyke.
In the case of Grovanole ct al. vs. Ur-
quidez. before Judge Van Dyke, the
cause was tried and submitted on briefs
to be filed.
Wingate Lindsey, charged with steal
ing a lot of harness, was tried before
Justice Stanton, who reversed his deci.
sion until today, when the defendant
will be tried on charge of stealing some
carpenters tools.
Chris jam pleaded not guilty to the
charge of rape against him before Judge
Smith yesterday, and also entered a
plea Of having been once in jeopardy by
reason of his former trial on the charge
of incest. The cause was set for trial
for January IS. 1898.
Hearing on the demurrer to the COM
plant charging Claude l.. Hill with
embezzlement was continued yesterday
by Judge Smith until December 22d.
The record was ordered closed by
Judge Smith yesterday in the case of
All Yung, it being shown that after
conviction he committed suicide in the
county jail.
The trial calendar in Judge McKin-
ley's court went over yesterday until
next Tuesday, he being absent in San
Bernardino trying cause.
An information was filed yesterday on
motion of the district attorney, charg-
ing Fred Kopp with forgery and De-
cember Goth was set for his arraign-
ment. rbe defendant is accused OF
forging q check August 26th, ON the
California bank of Los Angeles for $40,
to which he signed the name of Anna
Kopp, the check being payable to the
order Of August Miller, that name ap-
pearing also on the back, and that he
presented it for payment.