Show STATE SUPREME COURT Opening Session of the May Term Held Yesterday ONE OPINION HANDED DOWN TWO QUO WARRANTO CASES ARGUED AR-GUED AND SUBMITTED Setting of Cases on the Calendar District Court Orders Case of the United States vs L A Scott Elliott I Elli-ott Argued in the United States District Court and Taken Under Advisement Court Notes The May term of the state supreme curt opened yesterday morning with Chief Justice Zane and Justices Bartch and Miner on the bench There are thirtynine cases on the calendar for argument during the term and of these the following settings were made MONDAY MAY 1 R H Whipple appellant vs H H Henderson State ex rel Richard T Hume vs Willis T Beardsley et al appellants WEDNESDAY MAY 13 Beesly vs Sparks et al THURSDAY MAY 14 Salt Lake Hardware company appellant ap-pellant vs the Tiratic Mining company com-pany FRIDAY MAY 15 Strawberry Valley Cattle company vs James Chipman appellant MONDAY MAY 18 Sharp McBride vs S H H Clark et al receivers appellants Charles Yost vs Wm Geary et al appellant Kllpaitrlck Koch Dry Goods company vs E A Box appellant TUESDAY MAY 19 Mariah Tant et al vs Union Pacific Railway company appellant J O Hodson vs Union Pacific Railway Rail-way company appellant Alfred Y Brim vs Thomas W Jones appelantWEDNESDAY WEDNESDAY MAY 20 John Featherstone vs Emily S Page et al appellant THURSDAY MAY 22 S W Darke administrator appellant appel-lant vs Wm L Smith In re the estate of Mlllen Atwood deceased James Alford Wright vs Southern Pacific Railway company appellant MONDAY MAY 25 First National bank of Hale Idaho vs H D Leis et aI appellant The Central Pacific Railway company compa-ny appellant vs Hyrum Standing THURSDAY MAY 28 V 11 C Silva appellant vs i L Pickard estate MONDAY JUNE 1 Brighton North Point Irrigation company appellant Y Charles J Hubbard C a1 Geo F Culmer vs F D Clif > et aI appellant The other cases on the calendar have not yet ben set Opinion Handed Down An opinion was delivered in the case of Harry T Duke appellant vs Geo C Griffiths by Chief Jusftce Zane and concurred in by Justices Bartch and I Jacob Johnson which reversed the judgment of the lower court directing that the decree be set aside The plaintiff commenced his action of ejectment against the defendant to recover four and a half acres of land described in his complaint The defendant de-fendant answered denying all allegations allega-tions except possession A cross complaint com-plaint was also filed by defendant In which he st up an agreement containing con-taining an option wJth respect to the conveyance of two and ahalf acres of land and ten acres upon which he alleged al-leged an ejection had been made entitling en-titling him to a conveyance of the ten acres upon certain conditions which he averred had been performed on his I part Of this ten acres defendant asked the court to grant him a conveyance convey-ance Cases Argued and Submitted The first case argued yesterday before be-fore their honors was that of R H Whipple appellant vs H H Hendjr son respondent Kimball Allison Johnson were the attorneys for the appellant and Weber Heywood for the respondent The action was brought by Mr Whipple against Henderson for the usurpation of the office of city attorney of Ogden City The complaint set out that the plaintiff on January 26 1894 was the legally appointed and qualified fled city attorney of Ogden City not standing which on January 26 1S96 the mayor appointed and the city council confirmed the defendant H H Hender son as city attorney on the erroneous ground that the city attorney of Ogden can be appointed instead of elected The defendant demurred to the complaint com-plaint on the ground that the complaint com-plaint did not state facts sufficient to constitute a cause of action The district dis-trict court sustained the demurrer the trct plaIntf refused to amend and appealed ap-pealed from the ruling on the demurrer de-murrer The case was argued and submitted ANOTHER QUO WARRANTO The other case was that of the State of Utah ex reI Richard T Hume vs Willis T Beardsley et aI appellants This also was a proceeding in the nature na-ture of quo warranto The plaintiff alleged that the defendant Beardsley was appointed auditor of public accounts ac-counts of Ogden City In January 1894 for the term of two years and has ever since acted a such auditor and that in January 1896 the mayor appointed ap-pointed the plaintiff Hume to the office of-fice Beardsleys term having expired but i is alleged the members of the city council entered into a conspiracy not to confirm this appointment or any of the mayors appointments The plaintiff demanded judgment ousting I Beardsley and turning over the office to the plaintiff I Judgment was rendered for the plaintiff ousting Beardsley from which the appeal was taken Attorneys E 1 Allison jr Whipple and Johnson appeared for the appel Weber Richards lant and Heywood and McMillan for the respondent After arguments their honors took the case under advisement Short Rulings People vs Patrick Coughlaoi a further fur-ther stay of twenty days granted in issuance of remittitur Joseph Smith vs Rio Grande Western Railway company appellants special masters report approved and case remanded re-manded to lower court James Goodman appellant vs Provo Commercial and Savings bank dismissed dis-missed Ephraim P Ellison vs JRIo Grande Western Railway company appellant settled and dismissed District Court Orders George R Barse Live Stock and j 1 > < I Commission company vs Ranee Val Cattle company et aLT heretlcffbre argued ar-gued and submitted now reatfgued and again taken under advisement Angus M Cannon et at vs Oregon Short Line Utah Northern Railway company formerly dismissed tin motion of plaintiff now reinstated John F Snelson vs Fisher S Harris administrator of the estate dfJElbridge M Tufts deceased judgment for ihe plaintiff plain-tiff Jennie Tufts ordered to Ffiy plaintiff plain-tiff 2SO within twenty days Jpy transfer fer certain real 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