| Show S AN OLD CASE It will be remembered by resi denters that some years ago during the reign of the handsome and curlyhaired O A Patton register of the United States land office inf this city that there was considerable consider-able difficulty regarding the cutting of timber from the mountains especially espe-cially in Big Cottonwood where General D H Wells had large interests in-terests The handsome and ring letted Oliver A was especially vindictive vin-dictive in his attacks on General Wells and seized a large amount of lumber belonging to that gentleman gentle-man under what was popularly popu-larly known as the stumpage act General Wells began suit for the recovery ot the property seizad during which a compromise in writing was effected and by the payment of a certain amount of money Oliver A agreed to release the lumber seized and this was done The suit continued General Wells giving necessary bonds in the matter But after having entered into this contract S con-tract Oliver A Patton the gentleman S gentle-man with the talented ringlets again seized the lumber and himself him-self sold it to one John Nickles General Wells of course refused to surrender the lumber and Nickles brought an action replevin in the Third District Court for the recovery recov-ery of the sawed lumber The ctse was heard by a jury and the court gave the following instructions to the jury at the request of the plaintiff To make a case entitling plaintiff to recover re-cover it is i only necessary for the plaintiff plain-tiff to show by a preponderance of testimony i testi-mony that the logs in question and the I logs font which the lumber in question I was made were cut on government lands seized by the timber agents and sold to the plaintiff and that the defendants defend-ants detained the logs and timber from L the plaintiff The jury of course under the instructions in-structions found for the plaintiff and the judgment on appeal to the Supreme Court of the Territory was sustained The case was then taken to the Supreme Court of the United States and only recently a decision was delivered The opinion of the court was delivered de-livered by Supreme Justice Miller who in conclusion remarks We are of opinion that the instruction to the jury which we have given in full and the whole theory on which the effect of the stipulation of compromise com-promise was decided is erroneous and the judgment of both the Supreme Su-preme and District Courts is reversed re-versed with directions to set aside the verdict and to grant a new trial and it is so ordered This is a victory for Gen Wells and under the decision the next decision de-cision will be favorable to him |
