The record-union., 1897-01-03
SUPERIOR COURT.
Cases on the Law Calendar of Depart
nent One.

Judge Catlin, in Department one OF
tbs, Superior Court yesterday. gave
Judgment for defendants in the case OF
w. E. Severn against Patrick Kelly and
Charles Heisen, and for plaintiff in the
case Of Alfred Spinks against the same
defendants. These suits arose over the
seizure Of some property during the
tenure Of Office of a former Constable
and an attempt was made to take the
matter out of the hands Of the succeed
ing officer. The judgment declares that
the office carries with 1t the right OF
action that Injured to the previous oc-
cupant Of the position
In the case of Thomas Berkey against
Edith II. Berkey, the defendants de
rnurrer was overruled.
The matter of the approval Of the
final account of the assignee of Thomas
Coulter was continued for one week.
The petition for the sale of personal
property belonging to Robert Thomas
an fnsolvent debtor, was laid over fof
ore week.
In the case Of the People VS.. n. NJ.
Orr, late Secretary and Treasurer OF
the Stockton Insane Asylum, the mo-
tion for change Of venue was denied
An order denying a motion for a new
trial in the case of Ellen Wilson against
c. L. Donaldson was made.
4 similar order was made In the case
Of the Germania Building and Loan AS
sociation against J. Gebert and others
DEPARTMENT TWO.
In Judge Johnson's court yesterday
letters of administration of the estate
of William ". Allen. deceased, were
granted to Robert H Hawley, the bond
being placed at $1,000.
In the guardianship case of Margaret
y Smith, Henry Starr was permitted tC
withdraw his report for the present
and was allowed $50 for his services as
commissi oner.
The annual account of the guardian
Of Herman Yuhre, an incompetent, was
approved and the guardian and his at
tornev were each allowed $50 for their
services.
Letters Of administration Of the es-
tate Of Nellie Heath. deceased, were
GRANTED to J. r. Heath, and the bond
fixed at $1,000.
The case of Farrell VS.. Farrell was
dismissed.
Judgment was rendered in the case OF
Mary sheehan against John Shee-
han an action to set aside q
deed n a ranch on the ground that its
execution was made through fear and
duress. The Judge stated that while
the plaintiff perhaps did foolish thing
when she decided the ranch. courts oi
equity could not relieve her and gave
judgment for the defendant.
DEPARTMENT THREE.
In Judge Hinkson's department Of tht
Superior Court yesterday the judgment
in the case Of the People VS.. All Duey
who had been convicted Of violation
Of the peddlers' ordinance, was re-
versed. The question of the constitu
tionallty Of the ordinance was not en-.
tered into, the judgment being reversed
because the facts were at variance witt
the Police Court decision
In the case of Ellen Haworfh agains'
the City Of Sacramento for damages
caused by an overflow OF sewage, the
demurrer Of the defendant was sus
tSined and the plaintiff allowed ter
days in which to file an amended com
paint.
The appeal of A. II. Thacker and
others against a decision rendered by
Justice Henry in the case Of Thacke1
and others against p. Z. Platt anc
others, was allowed and the order of tn;
Justice Court reversed This was 6
case where Justice Henry had decided