Show THE GRAND CENTRAL CASE supreme court decision in favor of corn com pany against the mammoth from herald republican sept 14 upholding the judgment of the fifth dis dig brict court the supreme court yesterday handed down an opinion awarding damages to the grand central mining company amounting to in its old suit against the mammoth mining company the opinion was written by chief justlee justice D N and in by justice W M mccarty and justice J E falck fri ck the companies hold adjoining properties in the district the ruling of the supreme court settles this famous case which has been in the courts for more than ten years and which attracted no end of attention in mining circles the decision is believed to be final fis as there are no federal laws involved it is said and the case could not therefore be appealed to the supreme court of the united states the case was once carried there while still pending before the utah supreme court but was dismissed on the ground that as no federal law involved the supreme court of 0 the united states had no jurisdiction juris dicton in the mater for years mining men have been interested in the suit which originated in a fight between the two companies over the charges of the grand central that the mammoth employed emp loyes had taken possession of a rich vein of ore which crossed both properties the first northerly extension eten sion slon of the mammoth company crossed the silver opolis apolis claim of the grand central the grand central claimed a part of this vein and also asked damages against the mammoth for ore already mined the third district court held that the vein was rightly the property of the grand central vein and also asked damages against the amount of has raised the amount of damages to with 8 per cent interest since 1907 errors overruled the assignment of errors in the case was lengthy a principal one being that the trial court erred in trying the issues of the case while an appeal was pending on another phase of the case in the united states supreme court which was finally ds dis missed for lack of jurisdiction the validity of its own appeal was attacked by the ana that mammoth company on the grounds the judgment to which the appeal had bad bean bee taken was not final and therefore not pea lable at the time the assignment of errors was overruled ovean by the supreme court however and tile district court upheld the litigation of the grand central and the mammoth mining romp companies anies has P and court co ably cost more in attorneys fees costs than any other in the history of utah F from roin the district court of nephi to the supreme court of the united states it has traveled with attorney and litigants fighting every inch of the way first trial before judge higgins for several years before the suit was started there was trouble between the two companies and it was charged that the mammoth company was taeng ore outside its side lines the trouble finally reached a climax on september 9 1909 when suit was filed at nephi against the mammoth company for damages for the ore alleged to have been illegally extracted from the grand central property the case was tried before judge higgins and judgment was rendered in favor of the grand central judge higgins left the bench beach shortly e after and ancl judge thomas marioneaux took his place the latter granted a new trial and the case was called for a hearing on november 18 1901 and lasted until february 1 the jury decided in favor of the grand cental an appeal was taken to the state supreme court the case was argued in the early part of 1903 but not decided at that time 6 as chief justice baskin left the bench and was succeeded by justice the supreme court decided the case in 1905 justice george W bartch writing the decision in favor of the grand central it was following this that the case was taken to the supreme court of the united states there after some delay the case was argued and submit submitted ed while this was pending the case was again tried before judge greenwood greenw pod at nephi at which time the damages were assessed this was the purpose of the trial at that time and carried out the instructions of the supreme court of utah the supreme court of the united states turned the case down for lack of jurisdiction following the trial before judge greenwood which was in june and july 1907 this action was appealed to the supreme court of utah the appeal that was filed at that time asked for a complete review of the case it was this case which was decided yest erady affirming the decision of the lower court the judgment of judge greenwood assessed the damages at and interest the accrued interest raised the amount to or more this drew interest at the rate of 8 per der cent the accrued interest awarded yesterday by the action of the supreme court raised the amount to slightly more than the judgment means that the stockholders of the grand central company will soon be receiving a dividend it is understood that it is the intention of the company to pay out this amount in dividends as soon as it is turned over this will mean a dividend of something like 31 cents a share for stockholders |