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Show DISTRICT COURT,! Anna Marks of Eureka Lost Her Case. A NEPHI CASE IS NOW ON. The Money Involved was Used to Buy Depot Grounds for the Utah Nevada and California Railroad Company-Other Company-Other Business of Court. , The jury in the MarfeB vs. Lombard damage case was out three hours yesterday yes-terday afternoon. A verdict for defendant de-fendant "no cause of action" was returned. re-turned. A stay of proceedings for 30 days was granted. After the jury in the above case retired re-tired the case of William Lewia vs. James L. Hales was taken up. Booth & Wilson and William Creer appeared for the plaintiff, D. D. Houtz and Robert Anderson represented the defendant. de-fendant. Plaintiff alleges that defendant, who Is a justice of the peace in Spanish Fork, collected $38.95 for plaintiff, under un-der a judgment given by the former justice of the peace and has failed and refused to pay the money to plaintiff. The defense represents that after the money was collected, Justice Hales discovered dis-covered that the judgment under which the execution o nad been issued was not a valid and had paid the money out under order of the party against whom the judgment had been given. After able and extended arguments I by both teams of attorneys and an examination, ex-amination, of the justice's docket the iudge ruled that the Judgment and execution ex-ecution were valid and the case in consequence con-sequence resulted in favor of the plaintiff. plain-tiff. The case on trial is one brought by the First National Bank of Nephi against Charles Foote, C. 8. Tingey, VVm. A. C, Bryan and Alma Hague on a promissory note for $3,000.00. The money was used at the time to purchase certain land which was to be donated by the citizens of Nephi to the 17. N. & C. railroad company. The land has not yet been turned over. The understanding understand-ing at the time was that the bank ad-vfneed ad-vfneed the money, these defendants only eoing on the note as sureties, pending the collection collec-tion of the money from the people. The main question in this case is as to the agency of Alma Hague who was cashier j of the bank at the time the money waa loaned whether or no he advanced the money representing the bank or whether it was advanced to him as an individual in connection with the other signers. Judge Smith is trying the case. OTHER BDSINESS. Martin Allred, convicted some time ago of unlawful cohabitation, was sentenced sen-tenced to one day in the penitentiary, John Knighton vs. reterson. Case continued for the term, not to be called up at Provo. Benj. Bachman vs. Martha J Pem-berton. Pem-berton. Case dismissed at cost ot de fendanc. Fish Springs Mining company vs. Crismon efe al. Plaintiff ordered to remit judgment for $25,000.00 with interest. in-terest. Otherwise a new trial will be granted. |