| Show TWO GASES REVERSEO Utah Commercial Savings Bank 7 vs Colonel Trumbo JI KIMBALL VS SALISBURY PASSED UPON BY THE STTPEEHE COURT YESTERDAY Action Arising Out of the Illegal Practice of Leasing School lands Alleged Spurious Imitations of Hennessys Brandy and Angostura Angos-tura Bitters Being Offered for Sale Two opinions were yesterday handed down by the supreme court both reversing re-versing the judgments of the district court In the case of the Utah Commercial Savings bank vs Isaac Trumbo appellant ap-pellant the opinion was written by Justice Bartch and concurred in by Chief Justice Zane and Justice Miner The action was brought to recover 3 23774 alleged to be due on a promissory promis-sory note secured by a mortgage on certain real estate The attorneys for the defendant having previously withdrawn with-drawn from the case and no answer having been filed nor anyone appearing appear-ing for the defendant Judgment was entered against him for 323771 and 100 attorneys fee and costs Afterwards After-wards a motion was made to set aside the default and permit the defendant to file an answer and crosscomplaint I The motion vaa denied by the trial court and from that ruling the appeal was taken 1 The opinion says It is clearly shown f that during all the proceedings In the suit by the bank the defendant was absent from this state on business affairs af-fairs was in the state of California and much of the time in a remote part of that state Immediately upon being sued he directed the employment of competent attorneys which was done and then feeling assured that the proper pleadings would be filed in his behalf and his rights protected he continued in the pursuit of his business and but for the unfortunate circumstance circum-stance of his failure to receive the letters let-ters of his attorneys written him while he was absent from San Francisco and his consequent failure to answer resulting re-sulting in the withdrawal of his attorneys attor-neys without notice to him the judgment I judg-ment by default would in all probability probabil-ity never have been entered The court holds that it was an unavoidable un-avoidable misfortune and the case is reversed and the cause remanded with directions to the court below to set aside the default and judgment and permit the defendant to file his answer and crosscomplaint and allow either or both parties to amend their pleadings plead-ings If they so desire costs to abide the result of the action in the discretion discre-tion of the court LEASING SCHOOL LANDS Suit Arising Out of the Illegal Practice Prac-tice A petition was yesterday filed in the district court by I C Thoresen for a ivrit of mandate against the state r hoard of examiners to compel them to pay a claim of 3896 The petition sets out that in the year 1893 one Robert Eeeder paid the county clerk of Cache county 1090 for alease on certain school lands which by an act of the legislature of 1892 the county commissioners commis-sioners were authorizedto lease < Afterwards Af-terwards the supreme court declared the act referred to unconstitutional and the legislature made provision for the return of the money the state had received It then appeared that the state received only 624 per cent of the money thus received the other o74 percent per-cent being retained by the counties Eeeder assigned his claim for 10390 to the petitioner Jn these proceedings and on presenting it fo the state board of examiners they approved It only In the sum of 6491 which was paid but refused re-fused to pay more than the amount the state received and now the petitioner brings this action to recover the remaining re-maining 37 y per cent amounting to S3SS6 HOMESTEAD LAW Supreme Court Decides In Favor of the Kimhalls In the case of Elias S Kimball and Luella Kimball appellants vs Orange J Salisbury and Thomas P Lewis the opinion was written by Justice Miner and concurred in by Chief Justice Zane Justice Bartch dissenting The action vas brought to quiet title in two certain pieces of land claimed by plaintiffs as their homestead which was levied upon and sold under an execution issued upon a judgment against Elias S Kimball in favor of defendant O J Salisbury Both places of property are vacant lots one valued at 1000 and the other at 1200 the latter subject to a mortgage of J500 The lower court found the facts in favor of the defendants that the property prop-erty was subject to execution and made its decree accordingly and from that ruling the appeal was taken The supreme court opinion holds that J the findings and judgment are not supported I 1 sup-ported by he evidence The case is remanded to the trial court with directions di-rections to set aside and vacate the findings judgment and decree therein and to enter a decree in conformity with the prayer of the complaint I HEHUESSYS BRANDY Alleged Imitations of the Genuine Article Being Sold In the federal court yesterday suits were filed against five Salt Lalte parties par-ties by J R M Hennessy et al of Cognac France for alleged fraudulent sale of an imitation of Hennessys brandy The defendants aro Goulda Janowitz B K Bloch Co Rhoda 31 Gurnsuy Sadler Mercantile company and Delaney Wilson The plaintiff claims that they are the Importers and venders of Hennessys brandy which Is prepared under a registered trademark trade-mark It is alleged that the defendants defend-ants are selling an imitation of Hen nessys brandy using the trade mark I with intention to defraud Plaintiff asks the court to issue an injunction restraining I re-straining defendants from further sale of the imitation and that damages be emi ti judrI assessed for the injuries sustained Attorneys I At-torneys for plaintiff are A L Pincoff James L Hopkins and William A Lee Angostura Bitters Also Suits were filed yesterday in the federal fed-eral court by Carlos D Siegert et al of Trindad against Rhoda LI Gurnsey and W S McCornick and Isaac Woolf for alleged fraudulent sale of an imitation I Imi-tation of Angostura bitters of which I the plaintiff claims to be the rightful manufacturer It is alleged that the Seiendants are advertising and selling 1 in imitation under the trade mark rith intention to defraud The court is asked to compel defendants to payer I pay-er profits alleged to have been thus unlawfully derived and assess damages dama-ges An injunction is asked to restrain he defendants from further infringe mint The attorneys for plaintiff are Arthur Tinbee J L Hopkins William A Lee and Valentine Gibson I Court Cullings I f John Madsen charged with grand r arceny was arraigned before Judge Terrell yesterday and entered a plea i r i if not guilty Thursday July 7 was Jet for the trial j > The case of the state of Utah vs I I I Charlotte E Edwards charged with receiving re-ceiving stolen goods was on trial all I day yesterday before Judge Morrell and a Jury It will probably be concluded today I Yesterday was consumed in Judge Cherrys court in the examination of I witnesses for the defense in the case of H B Davies assignee vs Nat M Brigham et al The hearing will probably prob-ably be concluded today The SIegel Clothing company has entered en-tered suit against John Myers et al to recover 77330 balance alleged to be due on a promissory note Kate M Hofstra has filed an action against D P Tarpey et al to quiet title to certain premises described as lots 9 10 11 and 12 block S Arlington Heights subdivision take part Intl1e discussion of government I govern-ment policy affecting the mining industry indus-try he will be prepared to answer questions as to the work accomplished by the survey and to explain its scope as affecting the mining business His attendance is considered especially valuable 1t I uable I by the committee because one of 1 the most Important subjects before the congress relates to this work I Mayor Irvine of Colorado Springs writes that he has appointed as additional addi-tional delegates from his city Messrs V E Rouse and J H Graham The new delegates of which the secretary sec-retary was advised yesterday are J T Houx Mrs Carrie M Armstrong Arm-strong Dr J M Armstrong J A Cobb Nettle Nelson Houx H Z Os borne A M Lansing Briggs Los Angeles An-geles j I General John S Hanis William AI M Essler A M Hotter S C Hudson Ben Benson Helena Mont I Edward Dalton William Parker James Lynch J 13 Gordon A J Mc Cuiston Tooele Utah |
