The record-union., 1896-03-26
SUPREME COURT DECISIONS.
SYLLABI.
Is. f., No. 209-In Bank-Filed March
"a, 1860

SYLLABI.
Is. f., No. 209-In Bank-Filed March
"a, 1860
w. r. Daley ct al, petitioners; the
Superior Court of the city and county
of San Francisco State of California,
and D. J. Murphy, Judge thereof, re-
spondents. Certiorari. Granted, and
order annulled. McFarIand, J., and
Temple. J., dissenting.
The production of a tragedy or COM
edy upon the theatrical stage is a pub
lication to the world by word of mouth
Of the text of the author. A court has
no jurisdiction to interfere with the
production Of a play, such interference
being an attempted infringement upon
rights guaranteed to every citizen by
Section 8, Article 7. of the Constitution
Of this State.
The right of citizen to freely speak,
write and publish his sentiments IS un-
limited; but he is responsible at the
hands Of the law for an abuse of that
right. He shall have no censor over him
to whom he must apply for permission
to speak, write or publish, but he shall
be held accountable to the law for what
he publishes. This right to speak,
write and publish cannot be abused un-
til it is exercised, and before it is ex-
ercised there can be no responsibility.
Is. F., No. 2S0-Department One-Filed
March "a. 1860
Estate of Antonio Pima, deceased. Pc
tition for letters. Reversed.
The court may not refuse to appoint
an administrator of an estate upon the
assumption that the heirs of the de-
ceased have parted with their interest
in the property. The court may not
thus determine the question of title to
property as between an estate and per-
sons claiming adversely to it.
L. A, No. 52-Department Two-Filed
March "a, 1860
San Diego, Old Town and Pacific
Beach Railroad Company, corpora
ton, respondent; Pacific Beach Com
pany, corporation. appellant. Prom
issory notes. Affirmed.
Where two corporations, through their
Boards of Directors, make a contract
with each other, the directors who are
common to both are not within the
rigid rule of the cases which hold that
one who acts in a fiduciary capacity
ual capacity, and that any contract
thus made will be declared void without
the examination into its fairness, or the
benefits derived from 1t to the cestui
que trust.
Two corporations have the right,
within the scope Of their chartered
powers, to deal with each other; and
this right is not destroyed or paralyZed
by the fact that some, or majority. of
the directors are common to both.
The principle that contract cannot
be ratified except by the unanimous
consent of all the stockholders does not
apply to acts which have been author
lied by a majority in the first instance.
The shareholders of a corporation
cannot avoid responsibility for the un-
authorized acts of their agents by alb
staining from inquiring into the affairs
Of the company by absenting themselves
from the company's meetings, and at
the same time reap the benefits of their
acts in case of success.
IL. A., No. 60-Depsrtment Two-Filed
March "a, 1860
George Taylor, respondent; B. p. Hill
(Sheriff) and T. West, Jr., appellants.
Action to compel Sheriff to satisfy
claims for labor out of proceeds of sale
on execution. Affirmed
No question as to the sufficiency of
the complaint can be considered on ap-
peal from an order denying a new trial.
A guardian ad litem has authority to
employ a professional attorney-at-law
to commence an action and conduct the
proceedings on the part of the infant
Further, such attorney may conduct
the proceedings in his own name.
When a father has relinquished to his
son the right to control him and the
right to receive his earnings, a debt due
to the son Is under his (the son's) con-
troll in the sense Of Section 33 of the
Civil Code, and is, therefore, assignable
by him.
Sac, No. 76-Department Two-F'iled
March 24, 1860
Charlotte G. Dam, respondent; Eliza
beth link, appellant. Quiet title. At
firmed.
If facts are stated in the findings in
the same way in which they are stated
in the pleadings, they are sufficient.
The only purpose of the findings is to
answer the questions put by the plead
ings.
Where the issue made by the plead
ings as to an asserted judgment is,
whether or not said judgment consti-
tutes lien, the finding that it is not
lien is responsive to the averments and
denials of the pleadings with respect to
that subject. and is, therefore, suff1-
cient.
Grim, No. 79-Department Two-Filed
March 24. 1860
The people of the State of California,
respondent; Louie Foo, appellant As
sault with g. deadly weapon. Affirmed.
He who objects to the admission of
evidence must specify the ground of his
objection when the evidence is offered,
and will be considered as having waived
all objections not specified.
q. A, No. S2-Department Two-Filed
March "A. 1896.)
James T. Dunn, appellant; Charles
Price ct al, respondents. Recovery.
Affirmed.
The rule that parol testimony may
not be given to contra dict a written
contract applies only in suits between
the parties to it or their privies. In a
contention between party to an In
strument and a stranger, either can