Los Angeles herald., 1892-08-25
0RTH OBJECTED TO AL|MONY,
-
Yesterdays Happenings Among
the Law Courts.
"A Jury Gives Its Verdict in o Right
Of-Way Suit.
A Question of Levee-The Elysian Park
Boulevard Matter-Court Notes.
Cases which Were Filed
Yesterday.

left the city, and yesterday an alias writ
of attachment was issued by the court.
directed to the sheriff of San Francisco
county. it having been learned that he
is probably in that city.
Orth was married three years ago, and
July 18th his wife, Mrs. Mary Orth, OBJ
tanned divorce from him on the ground
of adultery, the correspondent named in
the case being Mrs. Matte ]. McCloud,
Orth has long had a good position in the
Los Angeles gas and electric light
works, at salary of $l25 per
month, and Judge Wade directed him
to pay his wife $33 month alimony.
He failed to comply with the order, and
was cited to appear before the court and
show cause why he had not done so.
The citation was for Monday last. and
'Orth did not appear. The order made
yesterday was to ascertain, if possible.
why be did not come to time. 1t has
been learned that Orth gave up his posi-
tion several days ago, and that he had
determined not to pay the alimony. He
left the city in pursuance of this idea.
but it will 60 hard with him if he ID
found and brought back on the citation
mentioned.
A RELIC OF THE BOOM.
Yesterday the case of James Quill We.
"A. Jacoby and L. Thoine was tried before
Judge Clark, in department two. In
1887 the plaintiff entered into contract
with defendants to purchase from them
lots 5 and A, in block L, of Jacoby and
Thorne's subdivision of the Blow tract.
These lots were near the river, on the
east side, and the defendants, on their
part, agreed to construct a levee, or
that levee would be constructed. to
prevent any overflow of the lots. A
levee was begun by E.. g. Burlingame,
but was discontinued, and no levee was
built until the Terminal railroad took
hold OF the matter and built
it. The plaintiff claims that
the railroad track running along
the lots has damaged them greatly. He
paid two payments on the lots, amount
ing in all to about $1,000, and asks that
his money be refunded, with interest at
z per cent on the amount paid in. The
amount of the judgment prayed for is
$l107.33 and interest. The defendants
deny all the allegations, aud claim
that they cculd not carry out their
agreement within the time by reason of
inability to secure the proper number,
and also because there was stretch of
river front north of their tract which
was not leveed, and it would have been
no earthly use to levee in front of their
property when the water could overflow
them from above. After hearing the
testimony, the case was submitted to
the court to decide upon briefs to be
filed. A. H. Judson and M. @. Hester
are attorneys for the plaintiff, and Graft
and Latham for the defendants.
THEY CAN BUILD THE ROAD.
Yesterday Judge Wade made his order
of injunction in the case of The City
Water company vs. S. @. Hubbell ct al.
This is the case in which the water
company has invoked the aid of the
court to prevent the park commissions
'ers from cutting road through to Ely
sian park, over ground claimed by the
water company that they control. A
restraining order was issued by the
court, and yesterday he modified il so
as to permit the commissioners to pro-
ceed with the construction of the road
now under process of construction.
NOTES.
Yesterday Judge Wade ordered judg-
ment and findings for the plaintiff in
the case OF Obear VS.. Williams, which
was foreclosure suit for $4,000.
The case of Glassell ct al. VS.. Verdugo
ct al. is still on trial before Judge Van
Dyke, and will still last. day or two.
Several witnesses were examined yester-
day.
Patrick John Martin, native of Eng
land, and jose Santa Maria, native of
Mexico, were admitted to citizenship
yesterday by Judge Mckinley.
VERDICT FOR DEFENDANTS.
The trial of the Santa Fe and Santa
Monica Railway company vs.. Mary E.
Stoll and several other defendants, to
condemn right of way ON Lucas ave-
nue., in Santa Monica, was on trial
nearly all day yesterday before Judge
Mckinley and jury. The jury went
out about O'Clock, and the court heard
arguments on other questions in the
cases, rendering decision in favor of
plaintiff ON the questions not submitted
to the jury, which had to deal with the
matter of damages.
At 5:35 pm. the Jury came into court
with verdict allowing damages as fol-
lows:
mary II. OGOl-l0 lo0J on eXCrem6
easterly end OF lot ID, block 2, South
Santa Monica; $5 damages. Damage to
remaining portion of lot IA, after the
severance therefrom of the portion
sought to be condemned by such sever
ance, and the construction of the rail-
road in the manner proposed by plain
tiff, 1926.
John s. Thayer--15 feet on extreme
esterly end of lot 16. block 2, So. Dam
age to remainder of lot 16, $3.50.
Simon Stoll-15 feet on extreme east
erlyend Of lot 10, block Q; So. Damage
to remainder Of lot, 5000.
Victor Ponet--15 feet on extreme east
erly end of lot is, block q; So. Damage
to remainder of lot, $50.
f. K. Eberle--15 feet on extreme east
erly end OF lot IL, block 3; S.. Damage
to remainder of lot, 5000.
f. x. Eberle-15 feet on extreme east
.erly end of lot Is, block 8; $5. Damage
to remainder of lot, $3.50.
The case of Holmes vs.. the Los An
geles Transfer company was set for trial
by Judge Mckinley, yesterday, for to-
morrow. Holmes had been at Long
Beach spending the summer, and was
on his way home with his household
goods. He gave his checks to the trans
fer company, but they failed to deliver
the goods that night. He and his fami-
" had no bedding and household goods
until next day. He sued the company