The herald. [microfilm reel] (Los Angeles [Calif.]) 1893-1900, 1895-09-08
Another Batch of Supreme Court
Opinions
BLACKBURN WILL CONTEST
A New Term Trial Jury In Depart.
ment One
Number of Informations Filed and Causes
Set for Trial - General
Court Notes

-Four supreme court opinions were re-
cslved at the office of the clerk in this
city for fling yesterday.
In the case of Maria M. Langdon. ad-
mInistratrix. etc., appellant, VS.. Cecilia
Blackburn ct ais, respondents, an action
to enforce an alleged trust. the judg-
ment OF the lower court is affirmed.
James H. Blackburn, a San LUIS ObIspo
millionaire. died in 1887, whereupon his
wife took possession of his estate. The
sister of the deceased alleged that fraud
had been practiced in securing the i'll
of the deceased, and that the sister was
imposed upon to the effect that she was
informed and believed that $4,000 was all
her in terest in said estate, which amount
she was paid. The supreme court did not
find from the evidence that such fraud
was practiced as to warrant the setting
aside Of the will. and sustained the de-
cision of the lower court. The opini ion
is written by Comm issioner Belcher. con-
Cured in by Commissioners Searles and
Hayne, and affirmed by Justices Nc Far.
land, Temple and Henshaw.
The case of benjamin Brooks, appel
liant, vs.. the City of San Luis Obispo, re-
spondent, the judgment OF the lower
court is affirmed. This is an action OF
the nature of the common law action of
ssumpsit to recover $36225 for publish.
ing delinquent assessment list pursuant
to section 16 of the act of the legislature
OF March 6, 1889. The list was duly pub
lished, but the defendant refused to nav
for the same. The lower court sustained
demurrer TO plaintiffs complaint and
the plaintiff declining to amend. rendered
Judgment in favor of the defendant. The
opinion is written by Commissioner Van
Clief, concurred in by Comm issioners
Haynes and Searles. and affirmed by JUS
tlces Mcfarland. Temple and Henshaw.
In the case OF Harriet s. Fudicar. re-
spondent, VS.. the East Riverside Irriga-
ton District, appellant, an action to
quiet plaintiffs title to q certain water
right and to;certain rights IN pipe line
and canal used for the carrying of the
same, the judgment and order denying q
new trial are reversed, and the cause re-
manded to the court below with direc-
tions to permit the parties to amend their
pleadings as they may be advised and
for such further proceedings as may not
be inconsistent with this opinion. The
opinion is written by Justice Van Fleet,
and CONQUERED in by Justices Harrison
and Garautte.
In the case of the Stockton Combined
Harvester and Agricultural Works, an
pellant. vs.. Daniel Houser, respondent
the judgment of the lower court is re-
versed and the cause remanded. The
opinion is written by Justice Mcfarland,
concurred in by Justices Temple and
Henshaw. The defendant Holser pur-
chased 400 shares of stock in the plain
tiff corporation, paying therefor 500, 600.
Later an assessment Of $25 per share was
levied. which Houser refused to pay,
whereupon action was commenced by the
corporation to recover the amount of said
assessment, who denied that there was
anything due or unpaid on said stock.
The case was tried by the court without
jury, and the findings and judgment
were in favor OF the defendant. - -.