The herald., 1896-10-15
IN THE SUPREME COURT
Three Decisions Of Local Interest Ar.
rived Yesterday
An Agent Can Collect Rents in Money
Only-Cattle Killed on the Rail-
road-A Pasadena Case

Three decisions of the supreme court
arrived for filing here yesterday. In
the case Of Edward Gray Stetson against
T. L. Briggs and other respondents, the
judgment of the lower court is reversed.
In this case the plaintiff brought action
to recover the sum of 1915 alleged to be
due for the second installment of rent
on two leases executed by plaintiff to
defendants on certain Kern county land.
On the lease 1t was provided that the
parties of the second part promised to
pay the party of the first part the rent
reserved in the manner specified. and not
to let or underlet any part of the prem
ises without consent of the party of the
first part. The lease was assigned and
its conditions agreed to by the new les
see in the words: II hereby agree to
fulfill the terms of the within lease" The
defendants denied that any rent was due
plaintiff on the first lease set out, and as
to the second lease deny that they are
bound thereby in any sum of money. The
case was tried before jury and the ver-
dict and judgment were given for the
defendants, from which appeal was TAX
en-. At the trial the plaintiffs theory
vas tidt iiC Adu lCNCI ICCctNcu lllc SCC-
ond installment of rent on one lease, and
that if it was paid at all it was by credit
of the amount on the personal indebted
ness of Houghton, the agtSt to them,
and they wanted the court to hold that
Houghton had no power to receive any
thing but! money in the collection of
rents. This instruction was refused and
exceptions noted. The theory of the
plaintiff as to the liability~of defendants
to pay the rent on the one lease is that
when defendants signed the lease they
became obligated to pay the rent stipu-
lated for, and that this obligation was
not discharged or affected by subsequent
assignment, whether it was made with
or without the consent of plaintiff. If
the facts alleged are true, and there is
violence to sustain it, the lease was
never fully executed by defendants. and
they are not bound by it. 1t follows that
the judgment should be reversed.
FOR A COW AND A STEER
The case of Amelia B. Baker and Will
liam c. Baker against the Southern Cal
ifornia Railway company is reversed
with leave to amend the complaint. The
original action was brought in Justice S
court to recover the sum of $3.50, the value
of a COW and steer alleged to have been
killed by train on the defendants $ rail-
road. The findings of the Justices court
taken to the superior court from the
judgment and to the supreme court
from an order denying defendants mo-
tion for a new trial. The respondents
claim that the amount in controversy
being less than $500, and no question for
the title or possession of real estate be-
ing raised on appeal, the supreme court
is without jurisdiction. Respondents
moved this court to dismiss the appeal
upon that ground. The motion was de-
MED. The amended complaint in this
case shows on it's face that the title or
possession OF real property is necessarily
involved in the action and the jurisdic-
tion of the superior court was not af-
fected.
The complaint alleged that the cattle
were killed. at Sorrento station, that the
railroad was not there properly fenced.
and that sufficient warning by bell and
whistle was not given, but the complaint
does not allege that it was the duty of the
defendants to fence the railroad where
the cattle were killed.
ALL OVER TWO DOLLARS
In the case of J.W Fitzman, appellant.
against F. e. Burnham, respondent,
judgment is affirmed. This is the prob
able ending of a cause celebre from Pas
adena The complaint is not in the
usual form for conversion but proceeds
with the narration of certain alleged
facts. 1t states that the defendant sued
the plaintiff in justice court for the
conversion of horse, buggy and har-
ness. The petty suit grew out of a diff
ference of opinion as to the justice Of
Ritzmans claim for 50 for recovering
the lost horse and buggy of Burnham.
The dispute over that 81 was carried
through the various courts, judgment
having been rendered against Burn