ney and counselor. Judgment was rendered | der exact justice between the parties the con for plaintiff in the Justices' Court, for $125. The case was appealed and tried de novo in the Court of Appeals. This morning Judge Freelon rendered a decision in the case of which the following are the points: The plaintiff testified that he prepared papers in bankruptcy for the defendant, but before commencing proceedings his client decided not to go on. The charge for this service was $75. He drew two mortgages and one release for the defendant, charge $25. He defended a suit in the Fifteenth District Court, and charged $25 for trying a case in the Justices' Court, and for professional advice for a number of years, he charged $25. He claimed that his services were reasonably worth $225, although he had once rendered a bill for $75, by reason of old acquaintanceship and to keep the defendant as a client. Two respectable members of the bar testified that the services were reasonably worth the same charge. Another member of good standing testified that the services in the lower court were only worth $10. The plaintiff kept no books and had no memo randa of his services. The defendant testified that plaintiff rendered him an itemized bill, which had been lost, in which there were only three items, viz.: $25 for services in the District Court; $25 for drawing papers, and 25 for Justice Court services; that no services were rendered in bankruptcy; that he asked what it would cost to go through bankruptcy, and on being told that it would cost $150, he said he did not have the money. And fur flict of testimony makes less absolutely certain. It is competent to consider the first bill, as to whether the services claimed were rendered, and their value, although plaintiff is not bound by it. The practice of doing a multifarious law business, without keeping any books, is certainly inconvenient and not general. Without such books plaintiff puts his unaided memory in regard to transactions of little importance to him, and mixed up with the affairs of a large, general business, against the memory of a client intent upon a single point of great interest to him, and upon which he would not be likely to be mistaken in point of fact. Plaintiff is not sure whether the bill rendered was itemized or not. The defendant swears positively that it was; that there was no charge for the bankruptcy matter. There is clearly a preponderance of evidence against the charge testimony of the defendant in regard to the for $75, and it should not be allowed. The $25 mortgage charge is strongly corroborated by his witness. This charge also ought not to be allowed. The preponderance of expert proof is that $10 is a fair fee for services in trying a case in the Justice's Court, involving $41, and that sum will be allowed. No evidence was introduced to show that $75 charged for District Court services was an unreasonable amount. Plaintiff testifies that he rendered general professional services for a number of years, which the defendant denies in toto. It is incumbent on the plaintiff to show what those services were. The $25 charge for general services should not be allowed. It results that plaintiff should have judgment for $85, and it is so ordered. ther that the plaintiff had not rendered him Book Notice. and Review. any professional services outside of the cases named. A witness for the defense testified that he had the mortgages and releases in question drawn, and paid for the work. Judge Freelon remarked that it was easy by the application of recognized principles of law to give judgment on the above statements which would be mathematically correct, but whether such judgment would ren Just Received, from Messrs. Robt. Clarke & Co., Cincinnati, Ohio, two more parts of the advance sheets of the "Ohio State Reports": Part 6. of Vol. 30., and Part 5. of Vol. 31. The Part 6. contains the Index and Table of Cases,-completing Vol. 30., with 740 pages; and the Bar can welcome it as a valuable accession to the Legal Literature of the Union. The volume is always open to inspection on the RECORD Table. Vol. I. SATURDAY, SEPTEMBER 7, 1878. Legal Notes. "SUPREME COURT RECORD." Under this new head we shall henceforth note each week (commencing last week) every Appeal Dismissed; or continued for the term; Rehearing ;-and "Admitted to Practice," which, with our report of every Decision and Opinion rendered, will give the final disposition of every case on the calendar for the term. Supreme Court Ca endar. No. 23. the bill the lady entered upon her readings with A circular. of which the following is a copy, has been forwarded to county clerks and attor-mitting her to the bar of said Court as a full neys CLERK'S OFFICE, SUPREME COURT, SAN FRANCISCO, September 2, 1878.) You will please take notice that the Calendar of this Court for the Octooer Term at Los An. geles, will be made up on the 21st day of Seorember, and will consist of all cases from the coun. ties of Santa Barbara, Ventura, Kern, Inyo, San Berna oino, San Diego, and Los Augeles. The calendar for the November term, at Sacramento, will be made up ou ne 19th day of Ocrober, and will consist of cases from the counties of sacramento, Yolo, El Dorado, Aloine. Amador, Placer, Nevad, Yuba, Sierra, Sutter, Tenama, Colusa, Butie, Plumas, Shasta, Siskiyou, Modoc, Lassen ang Trinity. Cases trom other counties may be placed on either Calendar oy stipulation, said gripulation to be filled by the Clerk, at his office in Sin Francisco, on or before the time above mentioned for the making up of the respective Calendars. By order of the Chief Justice. D. B. WOOLF, Clerk. fledged attorney. The Committee appointed to examine her consisted of some of our first lawyers, who subjected her to a thorough test of ber legal knowledge, and who unanimously certified to her entire fitness tor advancement. Mrs. Foltz is toe first woman admitted to the par of this State.-San Jose Mercury, September 5th. HOW A STANDING COLLAR WON A SUIT.All things are fair, so it is generally thought, in war, a horse trade, or in a law case. It is probably on the bad rule that the late President Lincoln acted when he defeated an antagonist before a jury. He was often pitted against eminent lawyers during trials in the Sangamon county Circuit Court. On one occasion be was opposed to a very able advocate, who made a powerful, eloquent and convincing speech to the jury, and Mr Lincoln saw that it had been very effective on the minds of the jury. The gentleman, moreover, was a man who was The First California Woman Lawyer. very precise in bis dress, as well as manner and As will be remembered by many, the bill oratory. But Mr. Lincolo had been observing gracting women the right to practice law in bim, and saw a flaw in hje usually faultless "Gentlemen of the jury," said "Old this State was passed near the close of the last attire. session of the Legislature; and so near did it Abe," when he rose to speak, "the gentleman come to being stowed away in the Governor's who has just spoken has made a strong arguHe bas quoted the law and evidence, capacious pockets, that his official signature ment. and it is not for me to say that be is wrong. was not attacbed thereto until within two min utes the last day of He may be correct in all he bas. said. But I of midnight of friends of want yon to get a good look at him. Look esthe session. Although mapy of tbe Legis- pecially at the upper balt, and tben, gentlethe measure in and out the bill, men, tell me if any inan who comes before you Jature, labored earuestly for its passage, and especially its final approval by with his standing collar buttoned wrong end the Gorer or, ore no doubt largely due to the to,' with the points sticking away out behind personal efforts of Mrs. Clara S Foltz, a lady his ears, may not be altogether mistaken in all law student of this city, at that time well ad- his arguments." The plan was successful. Mr. vanced in her readings, and who bad deter- Liucoln bad broken the spell which the elomined upon the profession of law as a means quence of his opponent bad thrown over the of honorable livelihood. With the passage of jury. New York Dispatch. Judge for the past eleven years. Mr. Redman has been Court Commissioner of Alameda County for the last four years, and once represented Santa Clara and Alameda Counties in the State Senate. Robt. L. McKee, Esq., son of Judge McKee, has been appointed Court Commissioner, vice Redman, Resigned. Ex-Collector Austin's Protested Tax Money.. The recent decisions of the Supreme Court in the protested tax cases, apply to five of the seven cases appealed. Ex-Tax Collector Austin at one time held $400,000 of taxes paid under protest. Under former decisions he paid about $124,000 over to the City Treasurer, leaving $276,000 still in his possession. 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.-H. N. Marquand is charged with felony in When the second payment is made he will have paid all protested real estate taxes. 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. In all these suits a victory for the Tax Col lector is a victory for the city. If the plaintiffs who bring suits to compel Mr. Austen to return money paid to him as Tax Collector under protest, fail to sustain their positions, it follows that the Collector legally collected the money, and that the sums so collected belong to the city. BERKELEY. Cal., January 30, 1878. J. F. Hussey-SIR: You have acted so dilatory and regardless of my rights that if you don't answer this by an order on some one here, to pay me the balance you owe me, and interest, I will, fifteen days after this 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, princiFinance 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 Supreme Court to make the payment. heard much about you that I really tried to Editor Berkeley Advocate. Ex-Tax Collector Alexander Austin seems to be perfectly satisfied with the termination of the suits, and says that he supposes all the back actions to compel him to pay money to the persons who paid it in will fall to the ground now. He says the money due the city, still remaining in his hands, amounting, according to Mr. Austin's representations, to $260,000, will be paid into the treasury whenever the Courts so order. As the suits 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 Union bordering on that country, and the Treasurer. Mr. Austin's information as Supreme Court, which has just been comto the right of the plaintiffs to apply for a municated to the Government authorities at rehearing agrees with the statement of At-Washington, that the Mexican law will per torney Burnett. Mr. Austin says he has paid over to the city already about $300,000 of protested taxes, and that there still remains in his hands about $260,000. ALAMEDA COUNTY JUDGESHIP. Honorable Stephen G. Nye, County Judge of Alameda Connty, resigned his office about the let of August, the resignation taking effect On the 1st of September. Hon. R. A. Redman was appointed as his successor. Judge Nye has held the office of County EXTRADITION WITH MEXICO® on that account the decision of the Mexican mit the delivery up of offenders, upon an application made by the authorities of one of our States,, will be received with much satisfaction here. In the case passed upon, the anthorities of the State of Texas applied to those of an adjoining Mexican State for the surrender of two fugitives, who were charged with murder in Texas. An inferior Mexican court, however, ordered the discharge of these persons from custody, but the Supreme Court, by a vote of nine to five, reversed this decision, and ordered the surrender.Albany Law Journal. The Lay of the Land. Some lawyers think that a decision delivered by the Supreine Court of the United States, at the October term in 1876, bas some bearing on the title agitation, which has been so suddenly sprung on the community. The case was entitled Francis O. French, plaintiff, in error, v8. Robert W. Fyan, James L. Ruth and P. L. Burford. It was an appeal from the Circuit Court of Missouri, and the principle laid down is thus set forth in the syllabus: "Where, as in the act granting swamp lands to the States, it is made the duty of an officer (the Secretary of the Interior) to identify these lands and make lists and issue patents for them, a parent so issued cannot be Impeached in an action at law by showing that the land which it conveys was not in fact swamp and overflowed land." Justice Miller, who delivered the decision of the Court, said: "This Court has decided more than once that the Swamp Land act was a grant in præsenti, by which the title to these lands passed at once to the State in which they lay, except 88 to States admitted to the Union after its passage. The patent therefore, which is the evidence that the lands contained in it had been identified as swamp lands under that Act, relates back and gives certainty to the title as of the date of the grant." Further on, Justice Miller held that the title for these lands passed to Stater, which had not been admitted at the time of its passage, on the date of their admission, which in California was the 9th day of September, 1850. ment; especially those having charge of the If there be any ewamp or overflowed lands as contradistinguished from submerged lands up to high water nark which the State owned by virtue of ber sovereignty, no parole testimony do little more in the matter than present the can be taken in opposition to the patent. We facts. Lawyers are divided in opinion as to whether there were any swamp and overflowed lands in this city within the meaning of the act generally known 28 Arkansas act. If there were, this decision clearly applies, and no change of boundary from that set forth in the patent can be brought about except perhaps by the dexterous process of drawing down another grant over it. Whether the legal devil can be whipped around the stomp atter this fashion is a problem with which the lav mind will be likely to wrestle in vain.-Daily Bulletin, September 6th. The Monetary Conference. the PARIS, Augus' 26tb.-The Monetary Conference 18 expected to terminate Wednesday. The Delegates will dine at to Elysée Palace on Tuesday. Ar the siting to-day, Groesbeck urged resumption of free mintage of silver, on the ground that pension by the Latin Union. circumstances have greatly alrered stoce its susIn Germany the stock is greatly reduced, and the Asiatic demand has revived. The Swiss representative contended that if the Latin Union had not suspended free mintage of silver, the countries composing it would have need or luged by demonetized German stocks. He also feared that the Nevada and South Americau supply might increas". The Belgiau representative pointed out the impossibility of fixing the value of silver by legislation. Lecombe, of the English delegation, point d out that silver This decision has already been referred to was liable to gear fluctuations, and these might by one of the correspondents of the Bulletin who be aggravated by changes in the currency laws of various countries. No resolution of the Conhas taken part in the discussion which is now gress, he said, cou'd effectively lessen the evil, as in progress. A peculiarity about it is that it every Government would study its national interdevelopes a divergance of opinion between Jus-ests only. Horton, of the American delegation, congratulated England and France on having tice Field and the court of which be 18 changed the opinion they held in 1857 in favor of & member. Justice Miller, in the course of the the demonetization of silver. decision, said: "The learned Judge of this Court who presides in the California Cireui', has called our attention to a series of decisions of the Supreme Court of that State in regard to this swamp laud grant, commencing with 27 California R., 87, in which & different doctrine is announced. But with all the respect we have for that learned Court, we are unable to concur in the views therein expressed. The principle we have laid down is in harmony with the system which governs the relations of the Courts to the officers of the Executive Depart INTERNATIONAL CONGRESS OF WEIGHTS AND MEASURES.-PARIS, September 5th.-The International Congress on Weights, Measures and Coins, yesterday unanimously adopted a resolution deploring the fact that England. Russia and the United States had not yet adopted the Metric system. American and English delegates afterwards passed a resolution petitioning the English and American Governments to appoint a mixed Commission to consider the the rates between gold and silver to be regulated adoption of the Metric system by both countries. solely by their commercial value, and silver not to be a legal tender for debts over £20. SUPREME COURT OF CALIFORNIA. JULY TERM, 1878. (Filed September 2, 1878.) ODD FELLOWS' SAVINGS AND COMMERCIAL No. 5963. no executor having been named, letters of administration were granted to the widow, on June 10th, who entered on her duties, and on June 11, 1877, filled her annual account, showing a balance between moneys received and expended of $2,762,96, and a morgage of $18,777 on hand against one 8. W. Ralston, due in two years from December 18, 1876 with interest at 10 per cent per annum. June 25, 1877, was set by Judge Clark for the settlement of the account. On that day, Judge A. C. Brown, of Amador county, was acting for Judge Sacramento Clark, and upon the calling of the probate cases, this was not answered to by the administratrix or her attorney, and the court closed probate proceedings, and took up County Court matters, after which, Col. Henry Starr, her attorney, called the account, and no objection or contest appearing, it was allowed and settled by order. A few days after, the legatees gave notice of a motion to vacate and set aside this settlement, on the ground of surprise and mistake, and desiring to contest certain accounts allowed by the administrix. RIGHT OF REDEMPTION--A sale of real estate, upon e decree of court, having been made by commission ers, and a deed delivered, and tuis sale afterward confirmed by order of the conrt, and no appeal beink taken from that order, Held, that the effect of Buch orner of confirmation 18 to deny the right of redemption from the sale. STATEMENT OF FACTS. A judgment and decree had been given in favor of plaintiff for $8,189,59 and costs, against defendant, and that certain real estate be sold, the proceeds to be applied in payment of it and certain other claims. This was done, by two commissioners appointed, and the property brought $10,000. A deed was given, which was confirmed by order of court. A small balance was left for defendant after paying all claims; but she refused to vacate the premises, and was ordered to show cause, upon which she filed an affidavit that the sale was not properly made by the commissioners, as they did not use due diligence in advertising the property, and that she was entitled to six months in which to redeem. A writ of assistance for her removal was granted the purchaser, with a stay of 15 days. She appealed from this order. D. W. Welty, attorney for plaintiff and respondent. RP. & H. N. Clement, attorneys for defendant and appellant. BY THE COURT. Whatever may be the correct interpretation of the decree as originally rendered, so far as the right of the appellant to redeem is involved, it appears that the Commissioners subsequently reported to the court that they had delivered a deed to the purchaser upon making the sale. This action of the Commissioners was thereupoh approved by the court below and an order was entered, confirming their proceedings. From this order no appeal appears to have been taken, and we think that the effect of the order of confirmation, irrespective of the language of the decree, was to deny the right of the appellant to redeem from the sale. Order affirmed. Remittitur forthwith. Motion heard August 6th, and court ordered the settlement vacated unless the administratrix would consent to withdraw certain credits which she did, and the court, on August 20th, modified the original order of settlement accordingly. To this the legatees excepted, claiming that it should be set aside and vacated, as Judge Brown was not qualified to act, in the case, and asked a new trial. This not being granted, appeal was taken by the legatees ou August 17, 1877. This is the ith appeal to the Supreme Court in the matter of this estate. Henry Starr, attorney for administrratix, and respondent. Ben. Bullard Jr., J. W. Armstrong, and Add. C. Hinkson, attorneys for the legatees and appellants. TO QUIET TITLE-PROPER CONSTRUCTION OF WILL-A Contingent Life Estate construed as absolute title in fee. STATEMENT OF FACTS. John Wilson, who died October 13, 1861, had, by will of February 6, 1860, devised to the plaintin, his daughter, and wife of Frederick Hilliard, life interest in one-half his estate of the Rancho Pecho-y-Islay,-two square leagues-and Rancho Santa Fee-1,000 square yards-all of which is in actual possession of plaintiff. The mother of plaintiff, and wife of the deceased, afterward deeded to plaintiff the other half interest as claimed by her in the estate; and inasmuch as the share willed to her was contingent upon her bodily heirs, she now claims a title in fee simple, absolute, and asks judgment confirming it, as against the defendant, the only surviving execu |