The record-union., 1899-02-03

L
that this country must act very quickly
unless it is to be distanced in the COM
mercial race.
SUPREME COURT DECISIONS.
SYLLABI.
Grim, No. 479-Department One-F1led
January 80, 1899
| People, respondent; James Logan,
appellant. Rape. Affirmed.
| The truth or falsity of a witness
| statement is essentially a. matter OF
fact for the jury. The Jurisdiction OF
the Appellate Court Is limited to mat
tiers of law alone.
A continuance for an indefinite period
owing to the sickness of a witness can
not be granted once the jury is impan-
eled. Counsel are supposed to know
the condition of their witnesses before
hand and should make their showing
at the proper time.
The law as to the number OF peremp-
tory challenges to which person
charged with rape is entitled is de-
fined in People VS.. Clough, % Cal, 45o;
People VS.. Riley. 65 CAL, 1O7; People
VS.. Fultz, 100 CAL, 259.
| Grim, No. 425-Department One-Filed
January 30. 1899
| People. respondent: jeremiah De-
nomme, appellant Murder. Affirmed.
Where Killing is the result of an un-
lawful act committed without due eau
ton and circumspection. although IN
voluntary, it is manslaughter. Penal
| Code, Sec. 1872
It is entirely discretionary with the
court to permit or refuse to permit
counsel to argue law to the jury. II
has been held to be Objectionable, either
in civil or criminal actions, to read law
to the jury. People VS.. Anderson, A
Cal, 65.
Is. F., No. 794-Department Two-Filed
January 80, 1899
| M. A. Swinnerton, appellant; Oregon
Pacific Railroad Company, defendant;
Southland Hoffman ct al, respondents.
Affirmed.
| In an action to recover moneys in
the hands of a receiver appointed by
the Federal courts, the claim of the
Federal Court that the party is in pos
session of the moneys as an officer OF
that court prevents the interference of
the State court AS to coordinate
courts of the State there is a common
appellate jurisdiction which can settle
and compose all such questions. There
is no such common arbiter between the
State and Federal courts. Comfy,
therefore, becomes necessity.
1 re Z, No Q4Q-Denartrnent Two-Eiled
January 30. 1899
| A. L. Whitney, respondent; American
Insurance Company and Northwestern
lants. Action upon fire insurance poll
| icy. Affirmed.
| Where a mortgage clause in the POI
icy, providing that the mortgage shall
notify the company of any change OF
ownership which shall come to his
knowledge, is merely directory, and his
| failure to give such notice is not de-
clared to be such violation of the
policy as will avoid it, failure to give
such notice can be material only where
| it may have caused prejudice or in
creased srisksto the insurance company,
and in the absence of showing to
that effect, the policy is good.
| Where A transfers his property to
B. and 3 as consideration for the trans
fer agrees to pay AS debts. the cred
itors of A have cause of action against
B without any assignment of their con-
| tracts.
Is. F., No. SSO-Department Two-Filed
January 30, 1899
| Behrend sJoost, appellant; Sanford
Bennett, receiver, ETC., respondent. Ac-
| ton against receiver for services and
for rent. Affirmed.
| A receiver is an officer of the court
and enters into contracts and disburses
money as such under the courts order.
A person claiming to have assisted the
receiver in the exercise of his official
duties has no claim against the re-
ceiver, as such; but the obligation, II
any, is a personal one.
| Is. F., No. 9O2-Department One-Filed
| January 81, 1899
Pacific Pine Lumber Company. ap-
pellant; Western Union Telegraph
Company respondent. Damages for
negligence in failure to deliver message
with due promptitude. Affirmed.
1
there can be actual compensation, and
it cannot be said that actual liability
! is equivalent to actual loss. So a plain
tiff cannot recover against a. defendant
for injury done by the. latter to third
person. merely because the third per-
son has a right of action against the
plaintiff growing out of the injury done
| by the defendant.
Grim, No. 47S-Department Two
Filed January 81, 1899
People, respondent; L. A. Scott, APP
pellant Manslaughter Reversed.
| The following instruction was erron-
eous, and the giving of it was rever-
sible error: Before you can acquit
the defendant upon the ground of self
defense you must believe from the evil
dence that at the time of firing the
fatal shot the defendant honestly be-
| lieved his life was in danger" 1t was
erroneous, because by 1t the jury were
instructed that the defendant could not
be acquitted upon his plea OF self-de-
Tense unless the jury believed" from
the evidence certain facts; and this
eliminated to defendants great disad-
vantage his right to an acqufttal II the
evidence. even though the jurors did
not believe it, yet created within their
minds a reasonable doubt as to whether
or not he had acted in self-defense.
For, even without the belief, if that
doubt exists the defendant is entitled
to an acquittal.
To CURE A COLD IN ONE DAY
cake Laxative Bromo ouinins Tablets An d5ue.