Los Angeles herald., 1892-09-02
AN INJUNCTION THAT STICKS,
Superior Judge Clark Hands
Down Two Opinions.
Mr.. Kelley Forbidden to Move q
Quantity of Hay and Grain.
Mrs. Mary Mccain objects to Being
Called a swill Barres-Thirty
Term Trial Jurors Sc
cured-Notes.


ment two of the superior court, rem.
dered opinions in two cases which are OF
interest. The first was in the case OF
Gassen vs, Sholderer, and the language
of the opinion is as follows:
"On August l, 1892, plaintiff brought
suit against defendant upon check for
five hundred and odd dollars, given by
defendant on April 23d of the same
year, and in said suit caused writ OF
attachment to issue, and certain per-
sonal property to be attached. Before
said suit was brought, namely, on the
9th day of June, 1892, an order was
regularly made by this court depart
ment FIVE thereby adjudging the de-
fendant to be an insolvent debtor, and
staying all proceedings against him, and
thereafter an assignee was regularly ap-
pointed by the court. Defendant now
moves to dissolve the attachment, basing
his motion upon the record of the court
in said insolvency proceedings. I think
it clear that the motion cannot be
granted. The effect of an order
adjudicating person to be an insolvent
debtor and staying all proceedings
against him is to compel creditors to
present their claims in the manner pro-
vided for by the insolvent act. It'll not,
as contended for by by PLAINTIFF coun--
eel, to permit them to bring suit and
then having proceeding in the suit
stayed. II the property attached is the
property OF defendant, it should be in
the sheriff's custody by virtue OF the
said order Of June the 9Th, made pur-
suant to the provisions of section of
the ;nsolvent act of 1880, to be by him
held until the assignee appointed quail
Ties. aud the assignment provided for by
section II of said act be made. Plain
tlffs' counsel say that the claim sued
upon and the property attached, was not
included in defendants schedules at
tached to his petition in insolvency.
This may possibly have some bearing
when defendant applies for his dis
charge, but cuts no figure here. The
motion to dissolve the attachment is
granted.
THE INJUNCTION STILL STICKS.
The second case was that of Hum
phreys vs.. Kelley, aud the opinion is as
follows:
Defendant moves to dissolve a tenn
porary injunction granted. Plaintiff
leased to defendant ranch of 150 acres
of land. By the terms of this lease the
defendant agreed to put all of the land
leased, except four acres then in alfalfa
in corn and barley, and to pay as rent
one-fourth of all the crop grown upon
the entire tract, He further agreed that
if he should fail to put in corn or barley
any portion of the land, except said
four acres in alfalfa, he should pay
rent of $2 so per acre for such portion,
he to have the same to the end of the
term, for pasture, and all crop raised
should be held on the place as security
for such payment. Defendant failed to
put said land to corn or barley, but har-
vested volunteer crop of about 55 tons
of barley and oat hay, and also har-
vested about 15 tons of alfalfa hay. The
complaint alleges that defendant threat
enc to remove and sell this hay, in vio-
lation of his contract, and thus impair
plaintiffs security for the payment of
the rent at the rate of 50 30 per acre
when the same shall become due. This
defendant does not deny, but urges that
plaintiff has complete remedy at law
and therefore no remedy in equity by
injunction.
"If, however, the construction to be
placed upon the contract (and defendant
would seem to admit it to be the proper
construction) is that no rent becomes
due and payable until the end of the
term, which will be December 1, 1892,
and defendant is threatening to destroy
the security which. by the contract, he
agreed plaintiff should have, it would
be difficult to say what remedy plaintiff
has except by injunction,
From the affidavits used on the hear
ing of a motion. it appears that plaintiff
brought suit before justice of the
peace for said rent, and Judgment was
entered for defendant, upon the ground
that the proper construction of the lease
was as above stated, and that therefore
no rent is yet due. This does not fer
tify defendant's position, but rather
that of plaintiff, i. e.. that he has no
remedy at law. 1t further appears from
affidavits 80 used, that defendant resides
in Orange county. This, however, is
not jurisdictional, as the action is
personal action. II it is brought in the
wrong county, it can be transferred to
the right county upon motion being
made.
81 think the motion ehould be denied.
without prejudice, and it is SO ordered"
| THE LAST STRAW.
Yesterday, Mrs. Mary Cam, OF D
street, Pico Heights, swore to COM
plant against August Meissen, charging
him with disturbing the peace. 1t is
] the second complaint against the Meis-
sen family, the first having been filed a
day or two ago. Mrs. McCann is very
portly lady, and she claims that the
members Of the Meissen family have
been in the habit, for months past, OF
calling out, as she passed by, There
goes the old Irish swill-tub," and call
calling out foul and vulgar names. She
claims that che has done nothing to
warrant this kind Of treatment, and
wants the courts to assist her in pro-
tecting herself and family from the
ribald wit of her neighbors, who live
across the street.