| Show SUPREME COURT OPETIOWS Two Handed Down Yesterday By the Court Two opinions were yesterday handed down by the state supreme court In the case of Oscar W Moyle as assignee of the Burton Gardner corp pany s the Congregational society of Salt Lake appellant the opinion which reversed the judgment of the lower court and remanded < the case with directions t < grant a new trial was written by Justice Miner and concurred con-curred in by Justice Bartch The action was brought to recover 1101285 for work done and material furnished in the construction of defendants de-fendants church building The plaintiff recovered judgment fa 680184 and 204052 Interest from which the appeal was taken and a new trial granted on the ground that tho court erred in the admission of certain cour er te certn testimony at the trial Miner Divorce Decree Modified By consent of all parties interested a modification was made in the decree of divorce granted Mrs Maud E Miner against her husband C W lilner some few months ago In the decree as Originally entered Mrs HIther waa awarded the custody of the two children dren 2000 alimony l O for the support sup-port of the children and 250 attorney fees In thE decree as modified Mrs Milner is to have 1000 alimony payable at the rate or 20 a month and attorney fees Mr Miner is to pay for the board and education of the children until they shall have attained the age of IS years and It is provided that they be seat to St Marys academy Mrs Miner is to have the custody of the older girl Stella aged 13 and the father Is given the custody of the younger Florence aged S years Lower Court AfSrmed The oalnion In the case of Ricey H Jones appellant vs the New York Life Insurance company and B H J nes administrator of the estate o Lewis H Jones deceased was written by Justice Bartch and concurred in by Chief Justice Zane and Justice Miner and affirmed the Judgment of the lower court The bone of contention was the sum of 1500 on an insurance policy on the life of Lewis H Jones deceased R H Jones and B H Jones admnistra tcr both claimed the amount The insurance company was perfectly ready to pay but required the claimants claim-ants to litigate their claims so that the company would know the right party to pay the money to The company paid the money into court and the result of the suit between the claimants claim-ants was a Judgment for RIchy H Jones fqr 54257 in satisfaction of a debt to secure which the policy had been assigned to him the balance of the fund going to B H Jones the administrator ad-ministrator of the estate of the deceased de-ceased cdI I the Federal Court The suit ot A B Child at Ogden I against S S H Clark Oliver W Mink F K coudert and John W Doane receivers I ceivers of the Union Pacific has been transferred to the federal court from I the district court at Ogden Child Is represented bY Attorney A J Weber and the claim is that while the plaintiff I plain-tiff was sitting on a cross tie near Ogden Og-den and some distance beyond tho rails he was stuck bY a Union Pacific train and greatly Injured He was sick at the time and became unconscious soon after sitting on the tie and claims that while the engineer saw him plainly he gave no warning of the approach ap-proach 10000 of the train The claim is for Pennsylvania Smelter F H Officer the receiver of the Pennglala Smelting company yesterday yes-terday filed his report of the operations opera-tions of the smelter fa the month of September It showed Deposit at McCornicks bank 72278 4S Currency on hand 151 50 Cash receipts for the month 129861 16 Total 202294 14 Cash disbursements103070 94 Balance on hand Sept 30 97223 20 Total 202294 l Jury Failed to Agree The trial of the damage suit of R C Scovelle against Salt Lake City was concluded In Judge Cherrys court yesterday afternoon but the Jury were unable to agree on t verdict and after being out five or six hours were discharged dis-charged The plaintiff a boy of 7 sued by < his guardian to recover 5000 damages for personal injuries sustained by him In 1S92 when he was a child in his mOthers arms The mother was walking walk-ing on Main street and slipped on an Icy sidewalk opposite the Western Union Telegraph companys office Alleges Desertion Isabella Magee yesterday fed an acton ac-ton in divorce against James E Magee Ma-gee I appeared from the complaint that the parties intermarried In Salt Lake on April 21 1889 and It is alleged that the defendant deserted his wife in 1891 and has remained away ever since Miscellaneous Callings The claim of S Hays as guardian of the estate and person of Sarah Ef fie Cavanaugh a minor was yesterday disallowed bY Judge HUes The claim Is for 1000 shares of the Highland min near Deadwood S D which was sold to Michael Cavanaugh on March 4 IbSi and held in a pool subject to the same terms as the bulk of the stock The National Bank of the Republic has entered suit against Andrew Stevens Ste-vens et al to recover 35650 and interest inter-est on a promissory note secured by 3 mortgage on real estate Special Master Loomis reported that he had examined the seventh and ninth quarterly reports of Receiver Mason of th Salt Lake City Copper Manufacturing company to Sept 3i > 1S97 and found the same correct and corec they were approved by Judge Hues Stock Growers National Bank vs R N Piper et al judgment for plaintiff by default for 16593 Frank Doran a native of England was admitted to citizenship Inca Bernard vs Marten French judgment for the plaintiff for 76750 H E Bassford vs Jacob Moritz eta et-a trial of cause proceeding |
