| Show FOURTEEN APPEALS DECIDED eleven or AM irmok and u ju lilt but three reversals AND BARTCH EACH GET ONE DIE judge lafiner gist geta the third judar infant in fit via TA harrick A as ty d del far bond on oil the farther appeal or of boake TA the mo grando storn other ardora Pro batto court suite suit tit nt tho the Torri let supreme court conn mot at 2 yesterday yes afternoon its is per adjournment journ ment of 0 juno june with iab chhit justice zano zane and associate justices minor smith sod and ulrica bartch airo annl after ilia minutes colonies or tile last mooting meeting bid bad boon been read nod signed business was proceeded oath lah by ilia down dowd of 0 fourteen opinions as follows vs sir PERLY john 0 sinith et al plaintiffs plain lini VL til A P F Sipp orly Us al defendants and mrs A V F el ct al intervenors and tron the third district court opinion by associate justice smith till this suit was the outgrowth of tho the assignment of A r Sip sippers perl co in tills this city on oa january 13 1892 1891 i to 0 o tile the the ha plaintiffs began attachment proceedings against the defendants to collect 1 alleged to lo bo be due dua tor for mot chandise chan diso and claiming that the assignment was fraudulent at a later date dalo mrs A r Sipp orly and others plead a complaint ira in intervention against the defendants aud demanded dom doci judgment I 1 against them in the liia of ia 1 I 1 ha be intervenors wore preferred arod llora upon a hearing in tho the lower court tile tha wag adjudged AdUd ROd fraudulent and a WAS rendered tit in favor of the from this judgment the intervenors appealed justice found no error in fit abo record and affirmed tho the decision of tile tho lawor court justices burtch and minor conc Gried TO TINTIC IRON samuel bennett Ilen nott vs the iron company appellant from the first ula die court opinion alot by associate justice smith 1 I lie in fit title this came caie alleged lo in the court hallow below that he bo had bad been in the can employ ploy of tho ilia radan I 1 and wh while ile so engaged was permanently injured by raaon rea on of their by a cave in at the companas comp anys tn anini Ini Dar darvares damalos wore were awarded lim in the sum cum of said and from froin tah ju the abo defendants ap iho principal error by tile die appellants was in the of tho the of tho the jury by which the case was tried it ib appears that the regular far panel of jurors forthe ler abe term lorm of court in qu quit lon bad been discharged but tho the court mado made bit order lb tatt at a epili pu cis issue tor for sixteen persons froni from which number dumber a jury was fas chopan ailed defendants attorneys challenged the iho entire panel for the bo reasons above stated but the plaint lif demurred to the iho challenge clial lengo said and tho the wait sustained tito cabo nas as then thed proceeded aud judgment was VM rendered to lo firof the for 1000 do tend lend ants also claimed that they wore in a no way w by responsible for injuries justice smith found no error in the record with reference to the special leaned issued for jurors but bo be was wait of the lua that the lo jurics s were noi hot the result of any negligence on the part of the lh defendants and homes bonce I 1 reversed the de decision elsion or of th thi lower court and remanded this llin cause with directions to the corn below to grant a new trial chlof Q justice zane and associate justice miuor concurred vonn inKS vs john 11 voorhees acos ya v jennie A fisher appellant alanl from the fourth district court opinion by associate justice bartch 1 I lie pia latiff in this case cao sued to recolor on au an assigned promissory note lor for tito dair denied aled thai was lite holder bottler of said note aud and denied that she was Inde blod to the plaintiff or any other person ou tho the eld note in any auto whatever she oho also alio alleged allej tod that aim led riven tho the note vilh four others for the payment ioni of the pur clime price of certain real assato owned by a party parly tile sold said third parly pany represented that tile properly pro porty was visa from front from encumbrance but after the do dc fondant ciul paid tour four of the live notion she h that there was a knorl garo on tho the promises and to in protecting tier hur title had to pay out 1250 hance site hold held that there was nu no consideration for or the iho note hold bold by voorhees and she bhe should not bo be compelled to pay II 11 lu in the ho lower court it was hold that the anscer did not hale state fads ito 10 constitute a defense de tenne find and the jury J ry was as instructed to return a verdict vord 1 0 t for the plaintiff front froni this budgin n t tile the defendant appealed justice bartib affirmed the decision of the iho court below v alib ilia justices SLOW and zone ano concurring via V OREGON bhone LINE georbe vs tho Oregon short lino line luh northern railway corr company appellants from role llin lite third U D s arlet court opinion by amolie justice harich this action was one lor for dai Iain nages rs in tho the sum of the tha defend auto by plaintiff owing to alleged allo Kort in juries by tho the letter laller alle adlla a passenger passe ngor on oat ono one of tile defendants freight freigh trains in north fi orah salt lake Evo evereti retti alleged that thai ho he was in if the employ of tho the defendants doton danis bilth beadi headquarters I 1 at ogdon ogden on an october 31 isoo 1800 ho he desired to lo conto come to salt lake on oil a visit to his big family and having missed tho the passenger mor train he concluded to corn comae I 1 on a freight frol which was about to leave leav tho the ogden yards for this city ile gave cave ono mile of the trainmen traIn iDon a dollar and sifted him tho the amount of if the fare to salt ball lake tito tho inan did go answer the ques auca llon lion but took look dollar and put hire in a boxcar box car bore lie he remained romal nod until tho tb train had reached north balt ball lake at that point be ba was helped out of the box aar find and told to HO go into the iho caboose ua boose after a collision colla loii occurred occil and plaintiff was badly injured I 1 in tho the loher levier court was a rendered reni I 1 in favor of the Itis latiff tor for justice barich affirmed this decision with justice miner billier concurring TOLBET VS george H et at al appellants vs ceorge set 1 0 A et ct al from the third d da district 1 ilet court opinion by atio asso elate justice minor miner lu ill ahll I 1 action ion the plain plaintiffs allsgood that aboy b 7 entered erod lulo a contract coo tract with lib the d 0 ion aid ants whereby they the plate plain llala wore were to sell cart aln milling properly subsequently plaintiffs procured purchasers for the property but the ilia de ac fondants fond fora dents ants failed to consummate the deal said and plaintiffs aurial them for which they vi mas doe no thein for their services Lr vicos the defendants denied that plaintiffs effee effe ed tho ilia salo palo as tho the property properly was finally sold old to 10 other parties by the defendants was rendered bellita to in favor of 0 the ibo plaintiff for the full amount claimed but defendants moved for a now new bilal said and the same was granted front from the order granting the new trial the tha plain it tin ira s appealed this order was affirm affirmed od by justice minor and justices smith and bartch concurred vs rio rao GRANDE WI wisTE ESTERr nir frank boake vs va the rio rica brande western sir company appellants front the iho third district court opinion by associate justice minor liner tho the plaintiff in this action sued to recover for personal injuries ro calved on the defon cants line of rond road at nallain plaintiff was an oro ore hauler and was in tho the dopol depot yards yard of the defendants fend farind ants uben bon the accident occurred I 1 while ich I 1 to crossing tho the railway trucks racks ho he was run into imo by a number of freight cars care ills 1119 horses were killed his big wagon demolished and he bo was HIS so badly injured that his left log lag had to be amputated it was also alleged that tho cars in question were not dot attached to an engine augino slid and that no was given to waro warn plaintiff of their approach in tho the lccy court judgment w was as to rendered H dared in favor of tho the plaintiff for 1337 0 but later it was reduced by pla plaintiff latiff to 10 1 maid and defendants fend ants motion tor for a now trial was overruled justice minor found no errors erro a of import in the record and tho iho decision of the court below justices boalch mad and birtch barlett cLra currod GARLAND VS bran nivan william fain oarland vs the iha brar bear lake 1 I river irritation Irrl Rallon ot 01 ol al cross froid the fourth district court opinion by chief justice zane ju in ibis caso case tho ilia plaintiff sued ilia do fend ants tor for it a certain buto said and the court below found in favor of ilia hie for a portion of his claim only plaintiff thou then appealed from that part or of the iho judgment jud wont the ibo whole of his claim andi and certain of tho ilia defendants is appealed front from that portion of aho order allowing a partial 0 n the tl priority of lions linns was waa tho the metal main q question il involved tito judgment jud guiont of tho the lower court was aali ran e d with justice bal bartch tell concurring comuni va tg FORT DOUGLAS BAir wAr Islar martha Lbs ann coombs appellant vs the salt like lako it A fort douglas railway company irom from tile iho third district court opinion by chlof chief justice zane this action was brought by the abo plain tiff asking that the ibo rall railway way be restrained from running over her bar property pro porty situated between first and A streets in this city sh tibe a also alo prayed for damages in the urn sum of 2000 and that tho the defendants re fend ants bo be to pare baso the property from her it IL whatever suni sum the court deputed just and eq tal table upon a hearing to in the ioni loer er court was rendered la in favor of tho the plaintiff for upon the iha deeding deeden deed ln of tile said property pro porty b her to the abe company but donled iho he As thin iho emu party pany Is insolvent like iho for damages afforded pla plat lutlO tie no rollof relief rod end she ehe appealed from that portion of tho the same ranio which denied her bor prayer for au an injunction chief justice zano zane wait of tho the opinion that the lo junction should have boun boon granted Kran lod maid and bottom bonco the iho judgment of the tha lower court court and remanded rani ram the cause tor for further hearing ju jullio Jull 0 alco co 6 minor bidoor and concurred ifeng 17 VS HIGGINS W S Ua aanderson Uen dorson vs charles IV nig trials gins appellant from the iha third district court opinion by associate Asso clata justice banch this was via an appeal from an aa order of tao third district court denying tho the motion of appellants that flint an appeal irom from a court previously dismissed bo be rolo stated ube appellant had failed to docket his appeal within thirty days and tak ak log advantage of this lad fact tile he plaintiff docketed the ibo gains and had it dismissed tho the order of the lower court was at affirmed with justices miner miller and smith concurring 11 NENIAN VS RA r 11 CM charles L v 10 L kar c ckel k at ill IS brunt frunt froia tho the third Eli district strict court opinion by associate justice burtch in this ibis action the plaintiff al alleged legath ill that ho he and ibo defendant a entered ll 11 into a to carry on art a and laundry business in this city on february 3 1886 tho the business was until february 1859 1888 nhon he defendant took look possession aslon of the partnership books and stock and excluded plaintiff from the promises premises plaintiff further alleged that lie he was willing and ready at all times to perform his bis part of the agree talent and averred that the profits of the ibo busi business noss for the two years that the ibo partnership amounted to sla Is goo and demanded damages in tho the surn of 5 also praying that the iho part parl be dissolved it appeared from the iho contract entered into bethoon tile taft parties that had no means and was loaned by karrick Karr lck which was secured by a mort gialto ou on tile ibo formers former interest Into rost lo in tho the arm property properly usual arrangements arrange wore mado made tiva to tile meatier manner in which the profits wore to be divided and ilia ibo interest malch was to be paid tor for the money which bo be had bad put into the business I 1 ka karrick r ack dc drilled n bod all of nann emana I 1 times and pramod d for jud guient against latin in the aura of which he be alleged IIan Deman owed hint the case was tried before S SA A refe referee roo find he found la in favor of aba for this finding was by the iho third district court and the abo appealed appo associate Asso clato justice reduced the judg maut to SOu loBi and the lite ruling of the court bulow below with aba I 1 above modification justice minor ion concurred VIL v norms joseph baumgarten vs VL frank loff binn appellant from the third district court opinion by associate Asio claf jostles winer in this case tho the plaintiff sued suad ibe do de fanfant lor for 20 allegado eged to be doe do for a stilt bull of clothes ordered but bat not hot paid for after the suit was made defendant do refused to tak it Is anil and defendant bad to so sell mail the same for tito tho defendant alleged that the suit put was not completed upon the date dar proof prom leod and fu faither ither that tho the plaintiff sub sold it II tor for 45 tile original price agreed upon in tho the loat loner or court judgment ret re dered in favor of the for or ma 0 and this judgment was aa approved by I 1 miner d inor justices hunch bartch aud and smith concurred WISES WINES wk tito BIO ira D avines vs the rim do grande western railway hallway company appellants froan tho the first district court opinion by associate Asso clain justice minor aliner the plaintiff plain liff sued to recover for talaat stock lock killed by the iho defendants trellis and Ju darmont was wai rendered reD dorod to in his favor avor for flea 1 09 tho the judgment of 0 tho the lower court win was affirmed with chief justice zino nod and associate Juill ces bunch bartch and smith concurring AN CONTEST american publishing company Comp toy sp vl vi the C a E mayne company from the fourth district court opinion by chlof chief justice zane Plaint liTi in this case sued for alleged to bo be duo du for certain advertising walter when tile tho case was called the offered ofT eroil in evi evidence dance a 6 certain deposition which defendants objected to on the grout ial that it wits hot panted by a proper certificate and the ibo object objection iGn was sustained nod As tho deposition was the solo and exclusive proof of pl plaintiffs ILlas cause of action tho the bus sustaining of the motion substantially als missed it chief justice zane was of the opinion that the objection to the dopes lion stion lil havo have boon boom interposed att t an earlier dato data so as s not to ateo the lp a in ilias so eo suddenly by surprise and la honce c s reversed rov cried the ibo judgment of the abe court b bolow a justices bench and smith concurred COFFIN vs sn willard L COMB coffin vs VL JAMOS james 7 I 1 appellant appo llant from tho the foerth district court opinion by Asti odaLe justice Ju judgment dament of the iho lower court la in favor tevor of 0 the plaintiff for was chief justice Z zaim al a a go aad al associate jus den smith c concurred 0 n C burred OTHER frank lemke vs the rio orande grande western Ue stern halfway It allway company appellants bond on off writ of error to tho the supreme court of the states fixed clod at 62 3 00 0 writ of haboos corpus I 1 in if th the a class |
