The herald. [microfilm reel] (Los Angeles [Calif.]) 1893-1900, 1895-09-28
THE COURT OF LAST RESORT
Three Supreme Court Opinions
Received for Filing
JAS. SHARP'S ORIGINAL PLEA
The Rape Fiend Causes a Surprise
in Court
A Point IS to the Enforcement OF 1echan-
i,s' Lien Passed Upon by Judge
York-Court Notes

Three supreme court opinions were re-
csivsd at the office of the clerk in this
city yesterday for fling;
In the case OF Millet, appellant, VS..
Bradbury ct al, defendants, the Judgment
of the lower court, which was adverse to
Milet, is affirmed. Mrs. Millet was a
sister of l.. L. Bradbury, and. after the
death of her brother filed a claim against
his estate for S36, 900 for personal SER
vice OF domestic. confidential and tidu-
ciary character of the greatest difficulty
during his lifetime This claim was re-
fused bv the executors, who pleaded the
statute of limitations Prior to the trial
of the cause the plaintiff filed an itemized
statement of her account from 1878 to
July, 1892, aggregatng some $47, 600. on
which payments had been made aggrega-
ting $40. 900 Plaintiff admitted that no
agreement had been made as to the
amount of compensation to he paid her,
but thought that the amount claimed was
ABOUT right At the trial the court, upon
the objection of the defendants, excluded
any evidence of services rendered by the
plaintiff at any time prior to two years
before the death of Bradbury, and judy
ment was rendered in favor of the plain
tiff for $1,000, from which she appealed
The opinion is written by Justice Harri-
son, concurred in by Justices Garoutte
and Van Fleet
In the case of Al. Hall, assignee in in
solvency of L. NJ. Wagner. respondent, VS..
Henry Susskind, appellant, the judg-
ment Of the lower court appealed from
Is also ffirmsd The opinion is written
BY Commissioner Searls, concurred in
by Com m issionsrs Britt and Belcher, and
affirmed by. Justices Mcfarland. Semple
and Henshaw This is an action to re-
cover from the defendant the sum of
$4,000 as damages, for tn value of GER
tain property, diamonds. watches and
jewslry, alleged 20 nave belonged to the
estate of l.. N. Wagner, an insolvent, and
to have been through conspiracy be-
tween defendant, l.. NJ. Wagner, the in
solvent, and J. B. Wagner, her husband.
secrsted and concealed to prevent its
coming into possession of plaintiff as as
signee. and which was taken possession
of. converted and in part sold by defend
ant That the portion OF said proper ty
sold by ths defendant was of the value of
$50. 900, etc. Defendant answered denying
many of the allegations of the COM
plant, and. as a further and separate de-
tense, pleaded the tendency of another
action in the superior court between
the same parties for the same cause OF
action, et., stating the acts in apt Ian
guaee. The lower court held that upon
the plea of abatement, it should abate so
far as it involved any property belong
ing to l.. M. Wagner and concealed by til Q
said Henry Susskind when the store was
attached, but that as to other property
the action should proceed to trial, from
which judgment Susskind appealed.
In the case OF W. c. Corbett ct al, APP
pellants, VS.. ". D. Cham bers ct al, re-
spondents, the judgment CT the lower
court is.reversed. The opinion is written
by Justices Harrison, concurred i'll by
Justices Garoutte and Van Fleet. This
is an action for the foreclosure of four
mechanics liens upon certain property
in San Diego county. When the notices
of lien were offered III evidence, the de-
PENDANTS. obj ected to their sufficiency, and
they were excluded by the court and
Judgment rendered in favor of the de-
PENDANTS. from which judgment plain
tiffs appealed. The court holds that the
steps which are requisite to the enforce
ment of a mechanics lien are entirely OF
statutory creation, and the same null,
which makes it essential that all statutory
requirements be complied with in order
to perfect the lien, renders 1t unnecessary
to take any other step than is tnus re-
whether notice of lien is sufficient, il is
only necessary to compare its terms with
this terms of the statute which provide
f0r thu pOfIca