The record-union., 1895-11-19

MONDAY, November 1S, 1895.
Sac. 11O-Motion to dlsmiss assigned to
Grim 102-Ex parte Sehorn on H. c. The
Clerk will allow Mr.. Alberry TO withdraw the
connection with the petition for writ of
habeas corpus i'll ex parte Sehorn. BY the
court. BEATTY, Z. j.
Department One.l
MONDAY, Nov. IS, 1895.
Court met at 10 a. NJ. Present, Harrison j..
presiding; Garoutte, j. Van Fleet. j.; john
son, Deputy Clerk; Washburn. BaiHt.
Sac. 56-Sutton VS.. Nicolaisen-Continued.
sac. 5S-kennedy Conroy-COntinued
sac. 65-Philllps ct al. VS.. Hosart-Con-
tinued.
Sac 24-Blood vs. McCarty-Prusuant to
stipulation submitted upon briefs on file
1o.4O6-The Mountain Tunnel Gravel
Mining Company VS.. Hamlin,S Bryan ct al
Cause argued by Andrew ThOrnc for appel
liant, J. ". Fulweiler for respondent Andrew
Thorne in reply and submitted.
Sac. 6O-Estate OF Byrne, deceased-Cause
argued by George Il, Merrill Tor appellant, }.
NJ. Fulweiler Tor respondents, and submitted
sac. 69-Ertle Ns. Placer County ct al
Submitted upon briefs on He.
Sac. Slope VS.. ArmSby Company-Cause
argued by Daniel I1tas for appellant, H. NJ.
Alberry for respondent Daniel Titus in reply,
ana submitted.
Court adjourned to 10 a. NJ. tomorrow.
Department Twol
MONDAY. November 49, 1895.
Court met at 1O:lO a. III. Present: Nc
Farland, j.; presiding; Henshaw, j.; Temple,
J Butterworth, Deputy Clerk; Meagher, Act
ing BaIlih.
is,435-Ackley VS. Black Hawk Gravel
Mining Company-Pursuant to stipulation
submitted on briefs on tie.
sac. 59-Page VS.. Akins-Pursuant to stip-
ulation submitted on briefs on file.
lS392-KendallV vs.. Earl et al.-Pursuant to
stipulation cause submitted briefs on file.
Sac. 3o-Donohue VS.. Trinity Consolidated
Gold and Silver Mining Company ct al.-Ar-
gunent waived by appellant; argued by
Thomas b. Dozier tor respondent and SUBJ
mitted
sac. 6S-Jacob ct al. VS.. Day ct al.-Cause
argued by I. L.. Ford for respondent; no APP
pearance for appellant, and submitted.
sac. Estate VS.. Fratt-Submitted on
briefs on file.
Sac 29-Hughes ct al. VS.. Alsip-CauSe ar
gued by j, c. Bates tor appellants, by c. L.
White for respondent, by j. C. Bates in reply
and submitted.
Court adjourned till 10 a. IN. tomorrow
is, S,341-Chisholm VS.. Aeyfauver-The Or
der appealed from is affirmed. with leave to
the defendant to amend his answer if so ad-
vlsed.
1S,443-Boyce VS.. F'isk-The cause is re-
manded, with directions TO the superior
Court to modify the judgment as above indi-
Gated by striking therefrom all of the clause
Immediately preceding the last clause therein,
commencing with the words III folio - of the
printed transcript: 'It is further ordered
and ending with the words in folio : g. said
premises or any part thereof" and by insert
ing instead thereof provision that if the
plaintiff shall not ay the amount found 10
be unpaid upon the mortgage within speci-
lied time after the entry OF the modification
OF the Judgment, the time TO be fixed by the
Superior Court, then this action shall be dis
missed. In all other respects the Judgment
appealed from is affirmed. Neither party is
TO recover costs OF tnis appeal.
department Two)
1S,337-The county OF Siskiyou VS.. Gam
l1ch-Iudgmen III ana order are affirmed. Com
missioners. Henshaw j., Mcfarland, j.,
Temple j.
1s,329-Peters VS.. Gracia ct al.-Judgment
and order affirmed BY the court.