Show SUPREME COURT GIVES DECISIONS Four Important Rulings Handed Down by Highest Hi hest Tribunal of State REVERSES TWO JUDGES FINDINGS OF OP ANOTHER COURT ARE ARl SUSTAINED 4 M 4 4 4 COURT RULINGS f Edward Patterson appellant v 4 4 John Judge Jo Green f 4 wood Fifth rev evened r ed 4 4 4 remanded for new trial 4 L 14 II n v si a Child Childs 4 4 appellant Judge J J F P tep 4 4 Seventh district affirmed 4 4 Dr O G K H Bristol t appellant v U 4 4 4 Noah Noab and nd the 4 4 4 Topeka A d Santa P po Railway 4 4 4 Co Judge M 31 U L 1 Ritchie Third 4 4 4 and new Of ne Jude 4 4 4 neut ordered 4 State MEnte ex x reI rd Henry Heur Newell v va the 4 4 Third court COUTt Judge Judg 4 4 9 George G 0 W B AI Al 4 receiver for tor Salt Lake 4 3 Public Service company et nL ni 4 4 order former t judgment 4 4 declared null Dull and void 4 4 t 4 4 4 4 M M t M 44 4 t H 4 4 4 M t 4 4 M 4 4 44 4 Four opinions were handed down by bythe bythe bythe the supreme court yesterday two re reversing r reversing Judgments ot of the district court judges one affirming and the fourth declaring null nuU and void orders orden made by Judge George G Armstrong of ot the th district In quashing a It previous order in the tho case oae of ot Henry Newell against W B Albertson receiver of ot the Salt Lake Public Service company and others in regard to the sale sate of ot certain per personal onal property to satisfy fy a judgment rendered In favor of Newell ewell All ul four tour of ot the opinions were writ written written ten tn by b Justice J 1 1 E B Frick and con concurred concurred conCurred in by Chief Justice D N and arid Justice W It H McCarthy New Trial 1111 Ordered In the case cao of ot Edward Patterson ad administrator administrator of or the estate of or John Pat Patterson Patterson Patterson terson appellant against John Han Hyan Ie Hie supreme court reverses Judge Josh Josha ja a Greenwood of ot the Fifth J district and arid remands the case ease for a new ne trial The Thea a tion was brought by Patterson to quiet title to water In what Is known an Pah springs Pine Grove val vale valle valey le e ey Beaver county Thomas McCune originally filed tiled upon the tte land in 1896 as desert land entry but protests were filed and the application was denied by tie fie government land office In January Januar 1905 In 1901 John Patterson went to live upon the land near the springs built a home fenced In some land and amI homesteaded It He lie died December IS 6 19 5 Ryan claimed Patterson had no tights rights there and applied for tor the segre segregation segregation gation of the land and water but was denied He was wall a cattle man and re possession of ot the land This re resulted resulted suited in the suit BUit of Patterson the ad administrator administrator administrator to quiet title Judge Jude Greenwood found for Ryan and amI held that Patterson had no rights The supreme court holds that the trial court erred in this finding but states there is not sufficient information before the court cout upon which to direct findings and ti reverses Judge Greenwood and remands the case for or a new trial Judge J F Chidester Is affirmed in inthe tilt the case rase asE of ot I 1 H Erickson against Mo Moroni Moroni Io roni Childs appellant The action was for foi Or trespass Erickson claiming that attle belonging to Childs had wandered into his lucern field and eaten the lu lucern lucern lucern cern to the damage of 1 The su supreme supreme supreme preme court states that because of ot the thet t I urn of the evidence on both bothi i 1 siles the trial court ourt would have been j within his hlll rights in finding for either party art Judge Chidester gave damages damage to H Erickson for ln 17 and this Is af at Win for Third Time For the third time the action of ot Dr DrO Dra O E a Bristol appellant against t Noah Brent and the Atchison Topeka San Santa Santa Santa ta Fe Railway company was before the supreme In ir one form or another and ard nd again Bristol wins The supreme court holds in this title case that garnish proceedings can an be maintained a foreign corporation providing t tie te e proper service can enn be made In this the service was WS made upon he agent of the company com pan in Salt Lake here an office oft Ice was maintained The of ot Judge M r i L lUtchie of ot the I Third district court in the trial court held that it had no jurisdiction of at the garnishee earn Ishee nor over the tho indebted ISO ps s due ue from the garnishee to the de defendant defendant was wall faulty fault If the corporation has such an of office flee fice then legal process may m be served upon It by b tho the delivery of ot a II copy there thereof of ot to the person In charge of ot such fluch of office rice fice says the supreme court in regard to the branch office of ot the foreign cor corporation corporation corporation In Salt Lake The action was In a garnishment proceedings for a small mall sum of money but the principle involved was the one which has haR caused th the stubborn fight It was yas contended by the railroad com company company company pany that tat Brent was we to 10 have been paid at t Los Lo Angeles Angelee and therefore this state could not garnishee his hla wages The supreme court holds however that the fact tact that an office is maintained In Salt Lake and that a legally author authorized authorIzed I agent is established here gives the I local courts in the matter The finding of ot Judge Ritchie that he j had no Jurisdiction I is III therefore re reversed r reversed versed and the case remanded to him bim with instructions to set aside the judg judgment judgment judgment ment and proceed against the garnishee I In the regular rOl way Cae Case Nill aad aud d ToM Told ToMAn TolAn An order by Judge George G a Arm Armstrong Armstron Armstrong strong stron of the Third district court Is ii declared to be void and of ot no effect in the application for a writ of certiorari asked in hi the case of the State ex tX e rel reI Henry Newell against Judge Armstrong W B Albertson receiver for the Salt Lake Lak Public service com corn company compan pany pan the tha Capitol Savings Trust com corn company company pany and others other In this case Newell established the fact that 1031 was VU due him from the Public Service com corn company pany for rent which was We declared a alien alien alien lien upon upen the property at the time Al AI Albertson bertson was appointed receiver on July 17 Ii 1909 Judge Armstrong rendered a judgment for this amount and ordered the receiver to sell private property of the corporation to pay the claim and erase era e the lien The the Capitol Savings Trust company com pan company en entered entered with the claim that it had a prior right through a mortgage on all the assets of the company This was presented to Judge Armstrong after the sheriff had been ordered to sell Mell property to pay the claim of Newell and anil an l th court quashed the order The supreme court holds that his order was without force and effect and that the court did not have the power to re revoke revoke voke yoke the order which Is set Iet aside by bythe bythe the supreme court |