The record-union. [volume] (Sacramento, Calif.) 1891-1903, 1898-09-22
SUPREME COURT DECISIONS.
SYLLABI
Is. F., No. S74-Department One-Filed

SYLLABI.
Is. F., No. S74-Department One-Filed
September Il, 1889
Polk ct al, respondents; Boggs ct
al, appellants. Action to restrain
Sheriff's sale in satisfaction of judg
ment- Affirmed.
A resulting trust may be shown by
parol evidence, and the subsequent con-
veyance of the trust property in ac-
cordance with the request Of the
trustee cannot be impeached by the
fact that the request was verbal.
The provision that an express trust
in lands can be created only by writing
may be invoked by one who is sought
to be charged as trustee, in order to
prevent the establishment of a trust,
but has no application after he has
executed the trust.
The question Of fraudulent intent is
one Of fact
The failure Of the court to make find
ings Of fact upon certain averments in
the cross-complaint is held to be de
cision against law" but in order that
this objection may be considered it
must be designated as one Of the
grounds in the notice of intention to
move for a new trial.
IS. F., No. S99-Department One-Filed
September IA, 1899
McGnty, appellant; Morgan, re-
spondent. Mechanics lien. Reversed.
/ The provision of Section 1857, G. G.
p, that the notice Of lien shall contain
a statement of the terms, time given
and conditions Of the contract, is not
to be construed as requiring state
ment of all the details of the contract,
but is to receive reasonable construc-
ton, in view Of the purpose for which
it is manifestly required. The statute
is remedial statute, and for the pur-
pose of carrying into effect the purpose
for which it was enacted is to receive
liberal construction, and the notices
which under it's provisions are re-
quired to be given have regard to sub
| stance rather than to form.
| Grim, No. 324-In Bank-Fied Sep
tember 10, 1899
People, respondent; Jack Arrighini,
appellant. Murder. Reversed.
| For the purpose of impeaching a wit
| ness, only those portions Of the evidence
given before the Coroner can be read
| fact at one time what he denied an
other, or made statements materially
| different.
| Nor is it competent to introduce evil
dnece showing that, upon another trial,
| upon a matter concerning which de-
PENDANT did not testify upon his exam
ination in chief, he committed willful
| perjury. Specific bad acts, or specific
| instances of untruthfulness, cannot be
shown for the purpose Of impeaching a
| witness.
Where defendant takes the stand in
his own behalf, he can only be cross
examined in regard to the matters con-
corning which he has voluntarily testi-
| fed.
No previous waiver, engagement to
waive his constitutional privilege, can
| be held against him. He may claim his
right when the occasion arises.
q. A, No. 3O9-In Bank-Filed Sep
TENDER 10, 1889
H. T. Christian, petitioner; Superior
Court of San Diego County, respond
ent Certiorari. Writ granted.
The Constitution directs the court to
regard the debt sued upon as divided
into two parts. one of which in refer
ence to the other is the principal; one
represents the original debt, the other
interest upon such debt. Held that the
courts jurisdiction is determined by
excluding all that portion which has
accrued as interest. So, where the
original debt is less than $780, but with
interest exceeds that sum, the Supe-
rior Court has no jurisdiction to try