The record-union., 1894-10-04
GROUND OUT BY THE WHOLESALE.
A Large Number of Supreme Court
Decisions.
Most of the Judgments by Lower
Courts Are Confirmed, But
Few Are Reversed.

A decision is rendered in the case of
Joseph Richards, appellant, VS.. John
Hupp, respondent, an action to abate
nuisance averred to have been created
by the erection of a dam by defendant
across Little Butte Creek, III Butte Coun-
ty, whereby the creek was caused to flow
back and submerge the quartz mining
claim of plaintiff
Judgment was rendered for defendant
and new trial denied, and plaintiff ap-
pealed. The judgment is affirmed.
COLLECTION COMMISSIONS.
A Yuba County case-that of j. II.
Craddock, plaintiff and respondent, VS..
James OBrien, defendant and appellant
has been also decided. i: was an ac-
ton to collect commission for collection
OF some judgments against drainage
district, in which a partial judgment was
given for plaintiff and the case was ap-
pealed. The judgment is affirmed.
CoNSTABLE'S FEES.
A decision affirming judgment is also
rendered in the case Of Eleckenstein VS..
County of Placer. in which plaintiff sued
the county for fees for services rendered
by him in criminal cases other than
1elonies, amounting to 1913 10 and on
the amount claimed and appealed the
case
YOSEMITE TURNPIKE.
In the Coulterville and Yosemite Turn
pike Company, appellant, VS.. The State
OF California, respondent, in which Sl25,-
600 damages was claimed from the State
on account of an Act of Legislature grant
ing a franchise to the Yosemite Turnpike
Company for a toll road, in conflict with
the exclusive right alleged to have been
granted to plaintiff two years before, the
judgment is confirmed.
QUEER MORTGAGE.
In a Lassen County case, Rogers, re-
spondent, VS.. Cady ct al, appellants an
action to restrain Cady the Sheriff of
Lassen County, from selling under fore
closure of mortgage lands situated in
Shasta County. but described in the mort
gage as being in Lassen County, judg
ment is affirmed.
FOR AN ACCOUNTING.
In the Fresno County case of w. S.
Chapman and E.W. Chapman, plain tiffs
and appellants, VS.. Thomas w. Hughes,
defendant and respondent, an action for
an accounting, the Judgment is reversed
and the case renanded for new trial.
OTHER DECISIONS.
Decisions have been rendered also in
the following cases:
Lee Lack sam. appellant, VS.. William
s. Gray. administrator of the estate of
Man Wo Chan, deceased, respondent,
Fresno County case-Judgment reversed
and rehearing ordered.
Charles L. loon, respondent, VS.. Mary
Haberty, alias Mary Ioon, appellant, a
Calaveras County action for the cancella-
ton OF declaration of marriage. The
court decided that there was no marriage
and the judgment is affirmed.
w. Z. Bennett ct al, respondents, vs.
George Morris ct al, appellants, an ac-
tion to restrain the diversion of water
and for damages. The judgment is
affirmed.
Thomas Black, appellant. VS.. Miles
Sharkey, respondent, PIumaS County
action for ejectment. The judgment is
affirmed.
Hamilton Mccormick, plaintiff and
appellant, VS.. George W. Baldwin, Jr.,
defendant and respondent, is another
ejectment case, a Nevada County one,
and the judgment is affirmed.
In Moses La Point assignee of the es-
tate of Il. Nj. Boulware, an insolvent
debtor, respondent, VS.. G. w. Boulware
appellant, an action to recover personal
property, the judgment is reversed and
and the court below directed 20 dismiss
the action at the cost Of the plaintiff.
In David Burris, appellant, VS.. The
Peoples Ditch Company, respondent,
wherein mandatory injunction was
asked for, the judgment is affirmed.
In j. II. Harper, plaintiff and appel
liant, VS.. G. NJ. Anderson and W. f.
Wheeler, defendants and respondents,
petition for an accounting, the appeal
from judgment is dismissed and order
denying new trial affirmed
In a. Jacobs, appellant, VS.. J. c.
Elliott, respondent, proceeding order
under writ of mandate, III Merced
County, the judgment is affirmed.
In Z. Bequette, appellant, VS.. William
Patterson, respondent, case in which
Patterson, the Road Overseer, opened a
road through premises claimed by plain
tiff. tue judgment is affirmed.
In f. Joseph Barnett. appellant, VS..
Lena Barnett ct al, respondents, suit
to have a life estate of the appellant de-
clared an estate in fee, the Judgment is
affirmed