Show lOWfR COURT REVERSED IN CASE OF FULLERTON VS L M BAILEY ADmKTSTKATOR Bosenbaum vs Barnett On Trial Verdict For Plaintiff in Harris vs La Belle Miscellaneous Notes In the case of William Fullerton ap I I pellant vs Led ard M Bailey administrator admin-istrator of the estate of James BOKSS deceased the supreme court yesterday banded down an opinion reversing the judgment of tIle district court and re I majuiing thejQase yj ith directions to grant a new trial and if desired to I nllowthe parties to amend their pleadings plead-ings Thecomplaint was filed Oct 21 T197 asking that the plaintiff be subrogated 1 subro-gated to the rights of Ann North Leaker under a mortgage for 426542 which appellant paid to her in order to I prevent a foreclosure thereof The mortgage at the time of the payment was a proner claim upon the land as I against the estate of the deceased The land covered by the mortgage had previous I I pre-vious to the settlpmr of the estate I been CQnveyed to the ippellant by the fcde legatee under the will under the representation that there were no I debts except the mortgage in question and that the estate was solvent After I I appellant had paid the mortgage a claim was aowed in favor of the brother of the deceased which absorbed the entire estate and left the appellant without anything to reimburse him for money paid to satisfy the mortgage The lower court sustained a demurrer to the complaint and the plaintiff refusing re-fusing to amend the case was dismissed dismiss-ed from which ruling the appeal was taken The opinion was written by Justice Miner and concurred in as to the result by Chief Justice Zare and Justice Bartch Sosenbaum vs Earnett The trial of the case of H Rosenbaum vs Josiah Barnett receiver wasbegun yesterday before Judge Cherry and a jury with Messr Dey and Stephens I representing the plaintiff and Messrs I Royle and Hempstead for the defendant defend-ant The suit was brought by Rosenbaum of Cincinnati to recover from Barnett the receiver of Simon Bros 240 cloaks or the value thereof S93412 The good i were furnished by Rosen baum to Simon Bros and were taken possession of byMr Barnett as assignee I as-signee but the plaintiff claimed that l j be had never parted with the ownership of the property The trial was proceeding at the hour I of adjournment and will be resumed this morning La BelleLoses The juryin the chse of Hyman Harris Har-ris trading as the Harris Furniture company vs C H La Belle returned a verdict for the plaintiff for the possession posses-sion of the furniture in dispute or its value assessed at 77767 Miscellaneous Notes Judgment was yesterday entered by confession for the plaintiff for 63255 and 600 attorney fees in the case of the Pacific Lumber company against John Beck Judge Riles yesterday signed the decree de-cree of divorce in the case of Lydia E Trumbo vs Isaac Trumbo and the same was entered up on the records of the district court The terms of the decree are as published in The Herald when it was granted by the court In accordance with the directions of the supreme court Judge Norrell yesterday yes-terday signed the decree in favor of the plaintiff in the case of the North Point Irrigation company vs the Utah and Salt Lake Canal company et al Judgment was entered by confession yesterday in the case of the Utah National Na-tional bank vs Mason Kidder Co for the plaintiff for 229018 Judge Norrell has returned from Mississippi Mis-sissippi and will begin the trial of criminal crim-inal cases toaay the judge was sum mooned to Mississippi by the severe ill ntts of his mother who is now a little Ie ltte better but as she is a old lady in htxr 84th year any permanent recovery is douhtful She was seized by a paralytic para-lytic stroke some time ago The case of the state of Utah against Jesse F McMillen charged with the murder of John Egan is set for trial this morning before Judge Norrell Peter Carlson a native of Sweden now a resident of Salt Lake was yesterday yes-terday admitted to citizenship |