Imágenes de páginas

ney and counselor. Judgment was rendered der exact justice between the parties the con. for plaintiff in the Justices' Court, for $125. flict of testimony makes less absolutely cer. The case was appealed and tried de novo in tain. It is competent to consider the first the Court of Appeals.

bill, as to whether the services claimed were This morning Judge Freelon rendered a rendered, and their value, although plaintiff decision in the case of which the following is not bound by it. The practice of doing a are the points : The plaintiff testified that multifarious law business, without keeping he prepared papers in bankruptcy for the de- any books, is certainly inconvenient and not fendant, but before commencing proceedings general. Without such books plaintiff puts his client decided not to go on. The charge his unaided memory in regard to transactions for this service was $75. He drew two mort- of little importance to him, and mixed up gages and one release for the defendant, with the affairs of a large, general business, charge $25. He defended a suit in the Fif. against the memory of a client intent upon a teenth District Court, and charged $25 for single point of great interest to him, and trying a case in the Justices' Court, and for upon which he would not be likely to be professional advice for a number of years, he mistaken in point of fact. Plaintiff is not charged $25. He claimed that his services sure whether the bill rendered was itemized were reasonably worth $225, although he had or not. The defendant swears positively once rendered a bill for $75, by reason of old that it was ; that there was no charge for the acquaintanceship and to keep the defendant bankruptcy matter. There is clearly a preas a client. Two respectable members of the ponderance of evidence against the charge

for $75, and it should not be allowed. The bar testified that the services were reasonably

aoy testimony of the defendant in regard to the worth the same charge. Another member of $25 mortgage charge is strongly corroborated good standing testified that the services in by his witness. This charge also ought not the lower court were only worth $10. The to be allowed. The preponderance of ex.

pert proof is that $10 is a fair fee for seryices plaintiff kept no books and had no memo

in trying a case in the Justice's Court, in. randa of his services.

volving $41, and that sum will be allowed. The defendant testified that plaintiff ren | No evidence was introduced to show that dered him an itemized bill, which had been $16

$75 charged for District Court services was lost, in which there were only three items, that he rendered general professional services

an unreasonable amount. Plaintiff testifies viz. : $25 for services in the District Court; for a number of years, which the defendant $25 for drawing papers, and $25 for Justice denies in toto. It is incumbent on the plain. Court services ; that no services were ren

tiff to show what those services were. The

$25 charge for general services should not be dered in bankruptcy ; that he asked what it allowed.° It results that plaintiff should would cost to go through bankruptcy, and have judgment for $85, and it is so ordered. on being told that it would cost $150, he said he did not have the money. And fur. ther that the plaintiff had not rendered him

Book Notice. and Review. any professional services outside of the cases Just Received, from Messrs. Robt. Clarke named. A witness for the defense testified & Co., Cincinnati, Ohio, two more parts of that he had the mortgages and releases in

the advance sheets of the “Ohio State Re

ports":question drawn, and paid for the work.

Part 6. of Vol. 30., and Part 5. of Vol. 31. Judge Freelon remarked that it was easy The Part 6. contains the Index and Table of by the application of recognized principles of Cases, --completing Vol. 30., with 740 pages; law to give judgment on the above state. cession to the Legal Literature of the Union.

and the Bar can welcome it as a valuable acments which would be mathematically cor. The volume is always open to inspection on rect, but whether such judgment would ren.' the RECORD Table,

Vol. I.


No. 23.

Legal Notes.

the bill tbe lady entered upon her readings with renewed zeal. Puedessing a remarkably reten

Live memory, cuupled with lotellectual breadth, “SUPREME COURT RECORD.”

and a ready comprebepsion aod natural taste

for abstruse saujecie, her progress, 28 might Under this new head we shall henceforth bave been expected, has been rapid and note each week (commencing last week) ev. tborough. In fact, but few male students bave ery Appeal Dismissed; or continued for the been able to accomplish like proficiency in go term: Rehearing :-and “Admitted to Prac. Bbort & period. And when tbe fact is taken

into consideration that Mrs. Foltz bas a family tice ;" which, with our report of every De

of five wall cbildren to care for, and for most cision and Opinion rendered, will give the

of ibe time the bas dope ber puusewurk ubatfinal disposition of every case on the calendar sisted, and occasionally bas been obliged to take for the term.

Lo tbe lecture field as a means of piecing out

ber meagre iocome, it will be generally cupceNo preme Court Ca endar.

ded ibal she is justly eutitled to the bonors just A circular, of which the following is a copy, coolerred on her by our District Court in ad. has been forwarded 10 cocoty clerks and attor.

mitting ber to the bar of said Court as a full

fledged attorney. Toe Committee appointed to neys CLERK'S OFFICE, SUPREME COURT,

examine her consisted of some of our first law. SAN FRANCISCU, September 2, 1878) yers, who fobjected her to a thorough test of You will please take notice that the Calendar ber legal knowledge, and wbo opanimourly of tois t'ourt jor ibe October Term at Los An. certified to her eptire fitness tor advancement geles, will be made up on tbe list duy or Seorem

Mre. Foliz 18 toe örst woman adipitted to the ber. and will consist of all cases from the coun.

ner of this state.-San Jose Mercury, September tles of Santa Barbara, Veprara, Kern, Inyo, San

5th. Berpg' 0100, S40 Diego, and Los Augples.

The calendar forbe November term, at sacramedto, will be made up ou de 19th oay or Ocin

How A STANDING COLLAR WON A BUIT.ber, and will consist of cases irom the counnies

| All things are fair, so it is generally tbougbt, of sacrameato, Yol, El Dorado, Alolor. Amador.

law case. It 18 Placer. Nevad, Yuda. Sterre, sutter. Tena pa, ID war, a borse trade, or in Colosa, Butie, Plumas, Sh..91 a, Siskiyou, Modoc, probably on tbe bad rule that the late President Lassed ang Trinity.

'Lincoln acted wben be defeated an antagonist Case3 trim orber counties may be placed on before a jury. He was often pitted against either calend soy stipulation, said gripulation

eminent lawyers during trials id ibe Sangamon to be died uyide Clerk, at bis omice in San FranCisco, op or detore the ilme above me utloged for

county Circuit Court. On one occasion be was the making up or tbe respective Calendars.

opposed to a very able advocate, who maje a B order of tbe Chler justice,

powerful, eloqueat and convincing speech to D. B. WOOLF, Clerk. the jory, and Mr Lincoln saa that it had been

very effective on the minds of the jury. Tbe The First California Woman Lawyer.

gentleman, moreover, was a minwbo was

Lawyer. very precine in bis dress, as well as apper and As will be remembered by many, the bill oratory. But Mr. Liucolo bad been obser piog graptiog worden the right to practiie law ip bim, and saw a flaw in hje usually faultiesa ibis State was passer pear the close of the last allire. “Gentlemen of the juro," said “Old sepeiou of toe Legislature; and 80 dear did it Ahe," wbeo be rose to speak, “tbe genuenian come to being stowed away in the Governor'e wbo bas jast spoken bas made a strong argucapacivas pockete, tbåt bis official rigoature ceot. He bos quoted the law, and evideuce, was not attacbed thereto uplil within two MD and it is not for me to say that be is wrong utes of midnicbt of the last day of He may be correct in all he bas, said. But I the Bersion. Alibcugh mapy friends of want son to get a good Jouk at bim. Look esthe measure in and out of tbe Legis- pecially at ibe upper balt, and iben, geduleJature, labured earuerily for the bill, men, tell me if any ipap who comes before you its passage, and especially its final approval hy with his standing collar bacroped 'wropy eda the, ure no doubt largelo due to the in,' wito the points sticking away opt behind personal efforts of Mrs. Clara 9 Fuliz, a lady | bis ears, may not be altogether mistaked in all law student of this city, at tbat time well ad- his argumente." The plan was euccessfal, Mr.

in ber reading, a od wbo bud deler- | Lincolo badenroken the spell which the elomined upeo ibe profession of law as a weaps quence of bis opponent bad thrown over the of bonorable livelibood. With the passage of 'jary. - Neo York Dispatch.

Ex-dollector Austin's Protested Tax Noney. Judge for the past eleven years. Mr. Red. The recent decisions of the Supreme Court Imeda County for the last four years, and

* man has been Court Commissioner of Alain the protested tax cases, apply to five of once represented Santa Clara and Alameda the seven cases appealed.. EX:Tax Collector Counties in the State Senate. Austin at one time held $400,000 of taxes Robt. L. Mokoe. Esa.. son of Judge Me. paid under protest. Under former decisions | Kee. has been appointed Court Commishe paid about $124,000 over to the City noner. Vica Redman Regioned. Treasurer, leaving $276,000 still in his posBession. Under the recent decisions he will be obliged to pay into the treasury at least! A THREATENING LETTER AND ITS. RESULTS. one-half of the remaining sum of $276,000. 1-A N

276,000; 1-H. N. Marquand is charged with felony in

M When the second payment is made he will have paid all protested real estate' tarea. trying to extort money from J. L. Hussey, The cases pending relate to protested tax. by means of the following letter : es on solvent debts and personal property. l . BERKELEY, Cal., January 30, 1878. In all these suits a victory for the Tax Col.

:| J. F. Hussey—SIR: You have acted 80 lector is a victory for the city. If the plain. tiffs who bring suits to compel Mr. Austen to dilatory and regardless of my rights that if return money paid to him as Tax Collector you don't answer this by an order on soine under protest, fail to sustain their positions, one here, to pay me the balance you owe me, it follows that the Collector legally collected the money, and that the sums so collected

and interest, I will, fifteen days after this belong to the city.

date, give you an airing in my paper, that A few weeks ago Mr. Austin assured the has now a circulation of over 10,000, princi. Finance Committee of the Board of Super. pally in San Francisco, per month. I hav visors that the money was in his possession, and that he only awaited the decision of the

heard much about you that I really tried to Supreme Court to make the payment. disbelieve, but I may use it if you don't

Ex-Tax Collector Alexander Austin seems come to time without delay. Yours, truly, to be perfectly satisfied with the termination

H. N. MARQUAND. of the suits, and says that he supposes all

Editor Berkeley Advocate. the back actions to compel him to pay money to the persons who paid it in will fall to the Marquand' was this morning held to anground' now. He says the money due the swer by Judge Louderback, in $1,000 bail. city, still remaining in his hands, amounting,

Bulletin, August 18. according to Mr. Austin's representations, to $260,000, will be paid into the treasury whenever the Courts so order. As the suits EXTRADITION WITH MEXICO now stand, the plaintiffs have a few days to

The subject of extradition with Mexico is apply for a hearing. If they do not apply. within the time given, or if they apply and

one of considerable importance in the States are refused, a settlement will be made with

of our Upion bordering on that country, and the Treasurer. Mr. Austin's information as

on that account the decision of the Mexican to the right of the plaintiffs to apply for a

Supreme Court, which has just been com. rehearing agrees with the statement of At

municated to the Government authorities at

Washington, that the Mexican law will pertorney Burnett. Mr. Austin says he has paid over to the

mit the delivery up of offenders, upon an apcity already about $300,000 of protested tax

plication made by the authorities of one of es, and that there still remains in his hands

our States, will be received with much satis

faction here. In the case passed upon, the about $260,000.

anthorities of the State of Texas applied to

those of an adjoining Mexican State for the ALAMEDA COUNTY JUDGESHIP. - Honor- surrender of two fugitives, who were charged able Stephen G. Nye, County Judge of Ala- with murder in Texas. An inferior Meximeda Connty, resigned his office about the can court, however, ordered the discharge of løt of August, the resignation taking effect these persons from custody, but the Supreme ow the let of September. Hon. R. A. Red Court, by a vote of nine to five, reversed man was appointed as his successor

this decision, and ordered the surrender.Judge Nye has held the office of County! Alany Law Journal

| medt; especially those baviug charge of the The Lay of the Land.

poblic lande, as we bare repeatedly decided, Some lawyers think that a decision delivered

and we must abide by it." by the Supreide Court of tbe Uplted States, at

If there be udy ewamp or overflowed lands as the October term in 1876, bas some bearlog on

contradistingaisbed from submerged lands op to the title agitation, which bas been 80 suddenly high water park which tbe State owned by sprung on the community. Toe case was en-vir

virtue ot ber 60

arolo testimony titled Francis O. French, plaintiff, in error, vs.

can be taken in opposition to the patent. We Robert W. Fyan, Japjes L. Ruth and P. L.

do little more in the matter iban present tbe Burford. It was an appeal from the Circuit

facts. · Lawyers are divided in opinion as to Court of Missouri, add the principle laid

whether ttere were any swamp and overflowed down is tbas set forth in the epllabus :

lapde in this city wilbid the meaning Where, 98 in the act graduiog awamp ladde

of the act generally known as the to the Slales, it is mude the duty of ad

Arkansas act. If there were, this decision officer (the Secretars of the Interior) to

clearly applies, and no change of boundary ideotify tbese ladds and make lists and issue

de from that set torth in tbe patept can be brought patents for tbem, & patept so isened cannot be la

about except perbaps by the dextervus process of impeacbed lu an action at law by showing that dra

fhowing that drawing down another grap: over it. Whether tbe land which it conveys was not in fact the

act the legal devil can be wbipped around the swamp and overflowed laod." Justice Miller,

Miller, stomp atter this fasblon is a problem with who delivered the decision of the Court, said: which the lav mind will be likely to wrestle in * This Court has decided more tban once tbat | valp.- Daily Bulletin, September 6th. the Swamp Land act was a grapt in præsenti, by wbich the title to these luods passe]

The Mogelary Caoforopco. at once to the State in wbich they | PARIS, Augus! 2600.-The Monetary Conference lay, except as to States admitted to 18 expected to terminate Wednesday. Tbe Dele.

gateg wul dine at too Elysée Palace on Tuesday. the Union after its passage. Tbe patento Altbe 81611Dg today, Groesbeck urged resume therefore, whicb is the evidence tb&t the lands tion of free midage of silver, on the ground thác contained in it bad been identified as swamp

circumstancr8 bave greatly alrered StoCA 118 sus.

pension by tbe Latta Upton. In Germany the lands ander tbat Act, relates back and gives stock 19 grealiy reduced, and tbe Asiatic demand certainly to the title as of the date of tbe grant." stoint to the title ag of the date of the grant ulas revived. The Swiss representative contended

tbal 1r the Latin Union bad pol suspended free Fartber on, Justice Miller held that ibe title for miocage of silver, the countries composing it these lands passed to Stater, which bad por would have need 0-luged by demndetized German

stocky. H-algo feared that tbe Nevada and South beep admitted at the time of its package, on tbe

Americau supply might increase. The Belgiau date of their womission, wbicb in California representative polaid out the lo possibility or

Axiog tbe value of silver by legislat101). Lecombe. was tbe 9th day of September, 1850.

of tbe Eoglise delegation, polot d out that silver This decision has already been referred to was llable to gipar fluctuailon-, and these migbt by one of the correspondents of the Bulletin who

be agravared by cbanges in the currency lawg

of various countries. No resolution of the Conhas taken part in the discuseion wbicb 18 DOWgiese, he said, cou'd effectivels Jessen the evil, as in progress. A peculiarity about it is that it every Government would study 118 national inter.

ests only. Horron, of the American delevation, developes & divergance of opiplop between Jus congrarulared England and France op having tice Field and tbe court of wbicb be 18 chapged the opinion they beld in 1897 10 favor of a member. Justice Miller in the conree of the the demonetization of silver. decision, said: “The learned Judge of this

INTERNATIONAL CONGRESS OF WEIGHTB Court who presides in tbe California Cireuil, AND MEASURES.-PARIS, September 51b.-The bas called our attention to a serice of decisions International Congress on Weights, Measures of the Supreme Court of that state in regard and Caic8, yesterday udavimously adopted a to this swamp laud grant, commencing with 27

resolution deploring the fact tbat England.

Russia and the United States had not yet adopted California R., 87, in which a different doctrine

tbe Metric eyetem. American and Eoglish is announced. But with all the respect we delegates afterwards passed a resolation peti. have for that learned Court, we are unable to tioning the Eoglieb and American Governments copcur in the views therein expressed. Tbe to appoint a mixed Commission to consider the

adoption of the Metric system by hoth countries, principle we bave laid down is in harmony witb

tbe rates between gold and silver to be regulated the system wbicb governs the relatione of the solely by tbeir commercial value, and silver Courts to the officers of the Executive Depart- 'Dot to be a legal tender for debts over £20.


al order of settlement accomanded the origi

ocu, which was confirmed

| do executor having been named, letters of adminSUPREME COURT OF CALIFORNIA. istration were granted to the widow, on June 10th, JULY TERM, 1878.

who entered on her duties, and on June 11, 1877,

Aled her annual account, showing a balance be(Filed September 3, 1878.)

tween moneys received and expended of $2,762.96. ODD FELLOWS' SAVINGS AND COMMERCIAL

and a morgage of $18,777 on hand against one 8. BANX, Plaintill and Respondent,

W. Ralston, due in two years from December 18, VB.

| 1876 with interest at 10 per cent per annum.

No. 6963. MARGARET HARRIGAN, et al.,

June 25, 1877, was set by Judge Clark for the setDefendant and appellant.

tlement of the account. On that day, Judge A. O.

Brown, of Amador county, was acting for Judge Appeal from sixth District Court, Sacramento Clark, and upon the calling of the probate cases, County.

this was not answered to by the administratrix or DENBON, Judge.

her attorney, and the court closed probate proRIGHT OF REDEMPTION--A sale of ra estate, vpon

ceedings, and took up County Court matters, al. docree of court, baving been made by commision

ter which, Col. Henry Starr, her attorney, called ers, and a deed delivered, and ti is sole afterward

the account, and no objection or contest appearconfirmed by order of the conrt, and do appeal being, it was allowed and settled by order. IDK taken from that order, Hold, that the effect of A few days after, the legatees gave notice of & such oroer of confirmation is to deny the right o motion to vacate and set aside this settlement, on redemption irou the sale.

the ground of surprise and mistake, and desiring STATEMENT OF FACTS.

to contest certain accounts allowed by the adminA judgment and decree had been given in favor istrix. of plaintif for $8,189,59 and costs, against de

Motion heard August 6th, and court ordered the fendant, and that certain real estate be sold, the settlement vacated unless the adminigtratrix would proceeds to be applied in payment of it and ver consent to withdraw certain credits which she did. tain other claims. This was done, by two commis. and the court, on August 20th, modided the origislopers appointed, and the property brought $10.000. / nal order of settlement accordingly. A deed was given, which was confirmed by or.

To this the legatees excepted, claiming that it der of court.

should be set aside and vacated, as Judge Brown A small balance was left for detendant after was not qualified to act, in the case, and asked & paying all claims : but she refused to vacate the new trial. This not being granted, appeal was to premises, and was ordered to show cause, upon ken by the legatees ou August 17, 1877. which she fled an amdavit that the sale was not | This is the 4th appeal to the Bapreme Co properly made by the commissioners, as they did the matter of this estate. not use due diligence in advertising the property, Henry Start, attorney for administrratis, and reand that she was entitled to six months in which spondent. Ben. Bullard Jr., J. W. Armatrong, and to redeem. A writ of assistance for her removal Add. C. Ainkson, attorneys for the legatees and was granted the purchaser, with a stay of 15 days. appellants, She appealed from this order.

BY THE COURT. D. W. Welty, attorney for plaintify and respond It appears by the record in each of these causes, ent. R P. & U. N. Clement, attorneys for detend. that by reason of Irregularities occurring in the &nt and appellant.

proceedings had below, the parties have not been BY THE COURT.

heard, and no proper settlement of the accounts Whatever may be the correct interpretation of

has been had ; and in each case the order must the decree as originally rendered, 80 far as the

the be reversed, and the cause remanded. Remittitur right of the appellant to redeem is involved, it

forth with. appears that the Commissioners subsequently reported to the court that they had delivered & deed

(milod september 2, 1878.) to the purchaser upon making the sale.

This action of the Commissioners was there. RAYONA HILLIARD, upoh approved by the court below and an order Plaintiff and Respondent, was entered, confirming their proceedings. From


No. 3,341. this order no appeal appears to have been taken, BOMUALDO PACHECO, ET ALS. and we think that the effect of the order of confirmation, irrespective of the language of the Appeal from First District Court, San Louis Obispo decree, was to deny the right of the appellant to

county. redeem from the sale..

PABLO DEGUERRA, Judge. Order affirmed. Remittitur forth with.


Conungont Life Estato construed wabooluto title

in fee. (Flled September 2, 1878.)


John Wilson, who died October 18, 1861, bad, by MATTER OF THE ESTATE Or No. 6904.

will of February 6, 1860, devised to the plaintin, JARED BUNYON. NO. 6823.

his daughter, and wite of Frederick Hillard, & Appeal from the Probate Conrt of Sacramento life interest in one-half his estate of the Rancho County.

| Pecho y Islay-two square leagues and Rancho R. C. CLARK, Probate Judge, and A. O. BROWN, Act Santa Fee-1,000 square yardo-all of which is in ing Judge.

actual possession of plaintin. The mother of PROBATE PROCEEDINGE-IRREGULARITIES.

pleintid, and wife of the deceased, afterward

deeded to plaintill the other half interest 80 STATEMENT OF YAOTS.

claimed by her in the estate ; and inasmuch as Jared Runyon died April 18, 1876, leaving & | the share willed to her was contingent upon her widow, Cynthia A. Runyon, and & will, containing bodily heirs, she now claims a title in fee simple, bequests to seven legatees, all of adult age. The absolute, and asks judgment conarming it, us will was admitted to probate on June 6, 1876, and legainst the defendant, the only surviving ex000

appears the court that taking the sale. was there

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