Show L IN THE ll UPREME COURT o A Full Bench Renders a Number of Decisions THE NELSON EMBEZZLEMENT L Price Arrested for Shooting with Intent to Murder Third District Court Orders and Judgments Ieinke Brought Hack from Cheyenne Scott Charged with Arson Gives Bond Probate Court Orders The territorial supreme court convened at 10 oclock yesterday morning with a lull bench consisting of Chief Justice t Zane and Associate Justices BartchMiner L and Smith The opinions of most importance r import-ance rendered were those in the Mormon church escheat cases Under these rulings theGardo House tho coal lands and church farm go to tho government The Historians office and the Tithing yard are given back to the church The rulings arc published in full on another page TheWhitnlore contempt case was argued and taken under advisement The other matters coming up were as follows REHEAltING DENIED John H Goldthait vs John T Lynch et al petition for a rehearing denied The same some ruling was made in the cases of the people vs J C Sullivan Mary Reese ot al va Alvin Rees administrator admin-istrator Retta Hyndman by guardian vs Mary Stowe MALICIOUS PROSECUTION Daniel Hamer appellant vs First National bank of Ogden appeal from the Fourth district court Judge Bartch delivered de-livered the opinion affirming the judgment judg-ment of the court below Chief Justice Zamtconcurrlng The action was brought for malicious prosecution and the appeal was based on the alleged erroneous rulings rul-ings of the court and the judges charge to the jury MARSHAL PARSONS In the case of oTH Petit vs E H Parsons appellant appeal from Judge Zanes decision in the Third district court in which the jury found a verdict for the plaintiff in the sum of fSSO and costs Motion for a new trial was made and overruled hence the appeal The plaintiff as assignee was the possessor pos-sessor of certain goods which were seized bv Parsons as United States marshal under un-der a writ of attachment and sold Suit was then brought to recover their value which resuted in a verdict for the plaintiff i plain-tiff Judge Bartch delivered the opinion affirming the decision of the court below which was concurred in by Judges Miner and Smith PEXALTYION A BOND Eueene W Canghran and Nathan H Cottrell appellants vs Henry C Bige low and H P Henderson < respondents The suit was originally brought to recover re-cover the penalty on a bond given as a guarantee for the faithful performance of an agreement to convey certain real estate es-tate When the plaintiffs evidence was nil in the defendants moved for a non suit which was sustained by the court over the objection of the plaintiffs who appealed The opinion was delivered by Judge Bartch affirming the judgment of the lower court Zane and Smith concurring concur-ring OK A PROMISSORY NOTE James B Russell appellant vs Caleb R Hank ot al an action on a promissory note heard before Judge Miner and exception ex-ception was taken to the decree entered therein Judge Zane delivered tho opinion reversing re-versing the judgment of the lower court I and remanding tho cause Bartch and Smith concurring ARMSTRONG VS OGDEN CITY L In the case of J C Armstrong et al appellants vs Ogden et al appeal k train the Fourth district court on an order sustaining a general demurrer to defendants complaint Judge Zane delivered de-livered the opinion reversing the decision of the court below with costs to the plaintiff Judge Bartch concurred PUT OFF A THAIS Rosa andJ Dunce vs the Union Pacific Pa-cific Railroad company appellants This was also an appeal from Judge Miners court from a judgment in favor of plaintiff for 550 damages and costs The female defendant booked as a passenger on a train from Hot Springs Weber h county to Salt Lake city but on the return re-turn journey failed to alight at Rot Springs went on towards Millard and was put off by the onductor on failing to pay the extra fare demanded Under all tile circumstances this court did not think tho damages awarded by the jury excessive and affirmed the judgment of the court below Justice Bartch and Smith concurred PREFERS THE COUNTY JAIL Judge O B Leonard of Ogden applied ap-plied to the court for a writ of habeas corpus in the case ot Alfred H Nelson awaiting tral for embezzlement The petition submitted by counsel set forth that defendant Is unlawfully imprisoned and restrained of his liberty by Nat M Brignata marshal of Utah at the penitentiary peni-tentiary and that the illegality consists ir ihis That on Aug 26 and on Aug 29 189 petitioner was held to answer to the grand jury of Weber county upon a 1 charge of embezzlement ia each case and I admitted to bail on the first case in the sum of flOOO and in tho second instance t committed to the custody of the marshal of the territory of Utah instead of to the custody of the sheriff of Weber county t Utah as required by law iu such cases 4and petitioner is now confined and de tainsd and restrained of his liberty at said penitentiary instead of at the county jail of said Weber county Utah The demurrer de-murrer was sustained and the prisoner remanded SEEKS ADMISSION On motion of P L Williams the application ap-plication of David B Hempstead of Salt r Lake city for admission to practica at the bar of the Supreme court was referred to the examining committee ADMITTED TO PRACTICE On motion of Judge Judd Mr Frank D Hobbs of District of Columbia and exregistrar of the land office In this city was admitted to practice at the bar of the Supreme court TVHITMORE CONTEMPT The George C Whitmore habeas corpus matter was taken up on a return of writ and was argued at length by Attorney Varian for the prosecution and Attorney V Arthur Brown for the defense The I matter was taken uuder advisement CHARGES AGAINST COMMISSIONERS In the matter of certain charges against John Coombtfand Johnson supreme ii V court commissioners Joseph P Bache clerk of the vupreme court was appointed appoint-ed to examine into said charges and to cake testimony in the matter and report to the court bin findings in the premises The charges are made by C W Hunsaker V Brigham city andare to the effect that eatd parties practice as attorneys at law inV in-V each others courts that they are in the habit of charging illegal fees and that inV in-V some cases have received fines and neg V lected to pay them according to law V hence their removal as supreme court commissioners r < 5 V ATTORNET B H JONES 0 In the matter of certain charges pre forred against B H Jones a member of ss the OgacnTj rN by D P Tarpey demurrer z demur-rer was filed and the case referred to Clerk of tho Supreme Court Boche to take testimony tes-timony V Manor > tntt rs V If In the case Garland ve the Bear Lake 1 n end River Waterworks and Irrigation J Q > 5 CJ V J J V V113 x company et al bond fixed at 5100000 and costbond at f500 rDoolyBlockvsSaltLakeRapid Transit Tran-sit company rehearing denied V V Sterling vs Parsons rehearing denied Commissioners and Justices V V H H Le ke the young matt charged With the grand larceny of a bicycle belonging be-longing to Sam C Parker under circumstances circum-stances already reported was brought back from Cheyenne and arraigned ba I fore United States Commissioner Pratt yesterday The examination was set for 2pm today and the bond fixed at 500 failing to obtain which the prisoner was committed to the United States marshal WITH INTENT TO MURDER A warrant was yesterday issued by Ctmmissioner Pratt on the complaint of Hy K Higson for tho arrest of L Price for the alleged willful shooting with intent in-tent to murder Hugh Higson on August 2S Details of the occurrence have already been published LIBERATED ON BAIL John Doe Smith the man who has been in jail at Juab since July 31 held to await the action of the grand jury on the charge of arson committed at Silver City gave bond before United States Commissioner Commis-sioner Pratt yesterday in the sum of 51000 Naomi Williams and John Green went on the bond through tho efforts of the wife of tho accused SUITS BEGUN Tho Harris Furniture Co is suing J M Kennedy et al in Justice Halls court to collect the sum of 25 ona promissory prom-issory note F C Olsen has commenced suit before Justice Hail to collect 4625 from John Butterworth for damages dpne to plaintiffs plain-tiffs express wagon by being run into by a horse and cart belonging to the defendant defend-ant George F Costenisan is suing Lawson Bros before Justice Hall to collect 28750 alleged to be due for architects service Third District Court Judgments were entered in the Third district court as follows Robert Skinner vs Thomas C Patten for the plaintiff for 200I9 abstract from Justice Halls court Henry Wagener vs Frank Little for the plaintiff in the Sum of 25580 abstract from Justice Gees court Commercial National bank vs F W Scar and M C Godbe for plaintiff by I default in the sum of 261 SHORT ORDERS Orders were made in the Third district court yesterday as follows Bang Meyer vs Berets Doan leave given to withdraw summons for additional addi-tional service V F E Gregg va H Groesbeck et al same order SUIT ENTERED The M S Ascheim Mercantile company com-pany has commenced suit against Phillip I Morgan to recover 101902 on two causes of account balances I I Probate Court Orders were made yesterday in the probate pro-bate court by Judge Blair as follows Estate of Mary Ann Maxwell hearing on petition of Mrs M M Bird and Mrs C M Berry concerning certain personal property came on and by consent of counsel was continued to Thursday Sept 7 at 10 a m at which time petitioners peti-tioners are to file a list of personal property prop-erty claimed by them Guardianship of Alfred S and Thella Kimball and Clarence B Smith hearing on letters of guardianship came on proof of posting notices approved continued till Wednesday September 13 Estate of Wogan Jacob Wogansen continued to Friday September S at 10 ain a-in Estate of Eliza Windsor Blythe on motion of Richard Young esq this cause was dismissed Estate of Rebecca Wynkoop order made authorizing and directing B F Brown executor to pay John A Tipton guardian of minors the sum of 1000 Court Notes Judge Zane will hold a session of the Third district court tomorrow The supreme court adjourned until September 28 George W Moyer attorneyatlaw has changed his office from the Central block to the sixth floor of the Commercial block V |