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Show DISTRICT COURT. FIFTH JUDICIAL DISTRICT. Hon. District Court of the 5th Judicial Ju-dicial District, of the State of Utah for the county of Washington Washing-ton was opened by sheriff C. W. Worthen, at 10:30 a. m, Feb. 3, 1896, Judge E. V. Higgins on the bench. Judge Higgins having prepared a set of rules governing the practice of his court were handed to W. L. Cook, Deputy Clerk to be read and submitted to the members for consideration. The following attorneys at-torneys being present J. W. Christian Chris-tian and O. H. Foster of Beaver city, Jos. Wilkinson of Cedar city, Jno.w, Johnston formerly of Omaha Nabraska, but now of Nephi Utah, and local attorneys Geo. R. Lund, co. attorney D. H. Morris; Frederic Fred-eric CliftM. D. The appeal case of woolley Lund & Judd vs. If. T. Atkin being be-ing called for trial by consent of attorneys for both sides was set for trial at 2 o'clock p. m. The case of Samuel L. Adams vs L C. Mac-farlano Mac-farlano being called by consent of both parties was set for Tuesday Feb. 4, 1896. The court appointed Samuel Miles Jr. as baliff of said Court whereupon sheriff worthen and Samuel. Miles Jr. were sworn as court officers, court then adjorn-ed adjorn-ed till 2 o'clock p. m. Continued on second and last pages. ', DISTRICT COURT. FIFTH JUDICIAL DISTRICT. Afternoon Session The court in the matter of the examination of applicants for the official reporter of this District ordered the clerk to enter a notice that an examination of all applicants appli-cants for that position should be held at the court House at Si j George Washington Co., State of Utah on the 4th inst at nine o'clock p. m. The court then appointed, O. H. Foster of Beaver co. jos T. Wilkinson of Iron co. and George R Lund of Washington Co., a committee commit-tee to examine said applicants and report the same to the court The case of TKoolley Lund & J udd being called parties were ready for trial. E. G. JFoolley R. C. Lund I. C. acfarlane were sworn for the plaintiffs and testified testi-fied in behalf of the same. On motion of counsel for plaintiff a continuance was granted until tomorrow to-morrow morning at ten o'clock to obtain other witnesses not presen t On motion of George R. Lund Jno. W. Johnson of Nephi on presentation pre-sentation of certificates of the Circuit court of the United States for the District of Nebraska, District Courtof the Territory of Oklahoma and also certifiate of the Supreme Court of Utah, also of the state of M issionri, had his name placed on the Roll of attorneys attor-neys for this District Court adjorned till to-morrow morning at 10 o'clock a. m. It must be remembered that this is the first session of Court in this District under the State Law, and it is with pleasure the. Union congratulates trie new Judge upon his decisions as a jurist and wishes him success upon his judicial career. The case of Samuel L. Adams came regularly for trial, the plaintiff plain-tiff being represented by O. H. Foster and George It. Lund, while the defense was represented by J. W. Christian, and D. H. Morris. The demurer to the complaint was fully argued by both sides and court over-ruled the demur, whereupon where-upon the defendants moved to amend their answer by pleading the statute of limitation, "which was granted by the court, the defendants de-fendants to pay the costs accrued in the case, amounting to $14.05. The court ordered that the rules of practice heretofore submitted, be adopted as rules of this Judicial Judi-cial District Court In the matter of the estate and guardianship of Josephine Starr, Nellie M. Starr and Mary M. Starr, and the order of the sale of real estate to one Joseph Jo-seph Fuller, be confirmed by this couit. In the matter of the estate of Solon Foster Jr., deceased, Sarah M. Foster the administratrix of said estate having presented to this court for settlement, through her attorney, F. L. Daggett, the court orders that the 5th day of May, A. D., 189G, is the day appointed for . DISTRICT COURT. FIFTH JUDICIAL DISTRICT. Second Day, Feb, 4, Concluded from second page. Court called to order at 10 a. m. Minutes of previous session read by county clerk Seth A. P ymn and approved by the Judge. The committee com-mittee appointed to examine applicants ap-plicants for official reporter submitted sub-mitted a report as follows: that they mot in accordance with the order of the court Mr. W. L. Cook being be-ing the only applicant present, after careful examination, found him to possess every qualification required to the position. Whero- , , upon the court by the power in vested in them appointed the said v . W. L. Cook reporter of this Fifth Judicial District, until otherwise provided by said Court The case of Woolley, Lund & Judd vs H. T? Atkin, being called, the plaintiffs were represented by J. W. Christian, Jno. W. Johnston and George R. Lund, and defends ant by O. H. Foster and Doctor . ' ' Clift the settlement of said account and hearing of petition of distribution, and that notice be given, at least four successive weeks immediately preceeding the 5th day of ilfay, in the St. George Union. Upon motion mo-tion of Attorny George It. Luncl for admission of Francis L. Daggett Dag-gett to the bar of this court, the following committee were appointed appoint-ed to examine him: John W. Johnston, John-ston, George It. Lund and David H. Morris, and after examination in opon court, ,tho said Daggett was sworn in as an Attorny at Law. Court adjorned till tomorrow morning, at 9:30 o'clock. FlfMi Day, February 1. Court met pursuant to adjuorn-ment adjuorn-ment at 9:30 a. m. Order in regard re-gard to official reporter made. On motion of John W. Christian a committee cosis.ting of John W. Johnston, George It. Lund and Dr. Clift, were appointed to examine E. G. IFbolley touching his qualifications quali-fications to his admission to the bar of this court, and after examination exam-ination in open court, he was thereupon there-upon sworn in as tin attorney to the bar of this court. : Court adjourned till the first Monday in May next. Geo. It. Lund was called and testified tes-tified that he was bookeeper for plaintiffs part of 1890, 1691 and 1892 and from his knowledge of his books, business, etc., were confident con-fident they were correct. Further testimony was introduced by B. C. . Lund, E. G. Woolley, ' and Allen Ifakelin, who testified in behalf of v plain tiffs Court adjorned till 2 o'clock. ' t AFTERNOON, Jj p. m., Feb. 4, ' ' ' Case of Woolley, Lund fe Judd ; vs. II . T. Atkin was continued and i , examination of witnesses attended to, until closing time, 4 o'clock, at which time court adjourned until un-til 10 a. m. next morning. Third Day, "Wednesday Feb. 5. Court commenced at 10 a. m. TFhen preliminaries were attended to, then case of Woolley, Lund & Judd vs. H. T. Atkin was called and testimony in the case was taken for plaintiffs. Plaintiffs rest and Wm. Atkin and Mrs. Bowler Blake testified in behalf of the defense. Recess until 2 p. m. Court resumed session at 2 p. m. George A. Atkin, the defendant H. T. Atkin and 0. P. Snow testi- fied ' in behalf of the defense. Ashby Snow and R. C. Lund gave testimony in rebuttal for the . plaintiffs. J. V. Christian opened the argument for the plaintiffs with legal reference in support of , their claim. He was followed by O. H. Foster for the defendant, who eloquently represented his side of the case. Judge John W. Johnston closed the case in a , ' lengthy and able argument for the plaintiffs, and the court took the case under advisement - Court adjorned until 10 o'clock to-morrow morning. Fourth day, February 6. Sheriff Worthen cried Court open at 10 a. m. The court rendered his decision in the case of Woolley, Lund & Judd vs. H. T. Atkin, awarding judgment in favor of plaintiffs and against the defendent, in the sum of $208.4.8, costs of suit amounting . to $49.35. ! I |