Show SUPREME COURT DECISIONS probably the last Torri territorial torla I 1 I 1 session assignment OF THE CASES lower court sustained in the adams land case ogden state B hank bink ink wins in the barker appeal to set aside a deed confirm the refusal to set aside tho the mortgage other cases the supreme court yesterday afternoon ait at 1 opened what in all probability will bo be its last term the days fixed tor for the commencement men cement ol of its terms are the second I 1 alunday in january still and the first monday in ili june and before ix bore the second monday in next january utah will undoubtedly doubLed ly have a state Fu supreme preme court there was waa a fult full bench chief justice Merrit tand and A elate justices daitch bin ten smith and kins at lle ilia opening or of th the e court the chamber was well mic illch d with members of the bar and two now new brothers were added to their number peter 11 daum bourn on a new york tork supreme court certificate and alden dell cell on a certificate oi ot the texas supreme court the former on oil motion ot of judge powers and tile the latter on motion of 0 judge judd the attorneys present front from cities outside ot of salt lalle laho were david evans 1 L it Il rogers ij R rt rhodes hades W L innis 11 II II 11 henderson and IV W A lee of 0 ogden S it thurman J r D booth S 1 A I 1 laing and it 31 am M kellogue Kel logre ot of provo arid and R H jones of bingham city the court handed down five opinions ions in awe the case a se of 0 louis B adania adams ot ct al appellants vs va edward A reed et ct al I 1 respondents the judgment 0 of the lower lower court was this action involved vo ived acres of land near ogden birden conveyed by appellant to rl the land Is it a part of 0 the uni union on pacific grant and tile the court holds that as a a patent for it has not yet been issued to the company tho ilia title to jt it Is not perfect arid and the respondents are therefore entitled to have the contract rescinded it and the notes given in part pa ment canceled an appeal ironi front the decision to the supreme court of the united states slates was prayed for by the appellants and allowed and the cost bond fixed fit at the jude judg enc in ill the case ot of the osden ogden state bank respondent vs william wililam if barker et ul al appellants was mas affirmed this was an action brought to set aside a certain deed by which william wilham darker and his wife conveyed certain lands to their sons franklin J barker and leroy barker the action being based on the ground that the conveyance was fraudulently mado made for the purpose of the plaintiff in collecting collect lne a judgment against william barker the district court set met aside the deed and ordered that tho the property be sold to satisfy the judgment of 0 the plaintiff the supreme court sustains sustain tile the judgment of 0 the lower court the opinion is by judge darreb Dirt cb and Is concurred in by the other judges in the case of the ogden state bank appellants vs william earlier barker wary mary ann barker rr franklin anklin J barker and leroy darker barker defendants and charles M drough brough respondent the plaintiff sought to have set et aside a mortgage molt gage executed to brough by nil all the hackers barkers covering the property iivo involved I 1 ved in the case of the ogden state bank vs william wililam barker et al claiming that the mortgage was nas without consideration and made to hinder r the creditors of william daiker baiker the court below refused to set aside the mortgage and the supreme court holds the refusal was proper the opinion Is by judge bartell bartch and all the other judges concur cu 11 the judgment of reversal rendered at the june term ma in the case of AV S mccornick McCorn lck respondent vs a henry sadler appellant was modified the portion of the former decision holding that certain testimony was wag hearsay and incompetent and reversing the alie case with instructions to grant a new trial was upheld but tile the portion holding that mat the ane charge of the court upon the question ot the burden of proof was conflicting and calculating to contuse confuse the jury was overruled the opinion Is by judge king izing judge sm smith th concurs and chief justice merritt concurs in tile the judgment in them the case of thomas cupat appellant vs v the dank bank of paik city respondent spon dent reversed at the june term aw and reheard at the january term 1893 1895 the court adhered to its former judgment holding that a notice given by the defendant of a motion to discharge the plaintiffs attachment ivas iva detective defective in falling to specify the ground upon which the motion was based the opinion Is by judge king icing and concurred in by chief justice abc tier r ritt and judge smith A petition for or a i shearing g in the case of robert warnock vs reuben dewitt wa was s 4 denied action on an application of the plaintiff tor for permission to appeal to the united states supreme court was avas deterred deferred and the defendant given twenty days to ilia file counter affidavits as to ali the amount involved in the suit assignment of cases the court assigned tha ilia cases on art its calendar tor for hearing os its follows tuesday juno 41 the united states ot of america Anre ilca vs sim dug ins appellant the united states of 0 america appellants vs jolin john W smith the people ot or the territory ot of utah vs william march appellant wednesday june ath in the estate ot of il II C wells D it adli administrator appel appellant lantI vs john kelly et ct al amos appellant vs tribune publishing company joseph holt vs C E pearson Pc arson appellant thursday Ihu raday june aith the brigham young trust company vs henry was wag ener appellant the utah gro aery company vs P F J mclaughlin co appellants wallace co vs VB F r jr co ca appellants friday june ath the people or of the territory of utah vs VB william glasmann et al 21 appellants W P noble Mere atlle andle company appellants vs mount pleasant equitable coop co op first national bank ot of halley IIa llcy ida appellants vs va H D lewis and J S lewis as executors monday Moni ay juno june lath D P tarpey vs val john sharp ot al appellants faank I 1 L thirkield Thirkle ld vs the mountain view cemetery association appellants philllp phili I 1 lp T cook vs v baillon deck bech champlan champion 2 bining Com company nally appellants aidell anti inti tuesday julie hahm M C sullivan et al appellants vs the northern Kor thern spy I 1 miniam company A r E kamis s vs va 1 SI I I 1 n cox appellants james chapman Chap iaan is s southern pacific Il rt allway company appellants wednesday june the people rt nt the territory of 0 utah vs ll la 13 i ritchie lUtch le appellant joseph krantz ap va klo 1110 grande pall wity way company ilat national batik bank of 0 nepal vs charles foote et ct ol ill appellant thursday juno june lath sarah B E chapman vs union pacific rt hallway allway company appellants thomas L leedom ft et al vs va earls furniture carpet company et ct al cappellanti appel lanti in tin the ca estate ot of lewis it II joni lucy D jones et al appellants vs 13 H jones jonea ricy IF jones aniel lint vs nv new york lite life insurance company Rom pony friday june lath J C ArmP armstrong trong pt et al nl vs ogden city et al appellants the northwestern wheel foundry Com company pally apell a pell nig vs salt sail lake copper company in the I 1 matter of 0 the estate ot of amy if clr chased jennie amy appellant VR VA RO boal al D amy ot et al appellants and abella et ct ai respondents the case ut w 11 II smith va minor I 1 11 jones appellant lias isas ly fly consent A motion to 1119 miss the appeal ot of the ning company vs v juab C county and JI 11 F r mccune was entered an ali application ot of W 11 II patton palton tor for a amrit of n mandate directing judge smith to sign a decree dock ee in III the hie clime ot of AV 11 pation pallon vi thomas To was argued by M 1 1 1 keldorff Kell Wello gir for or the petitioner er tind arid S A hing in bero before fore judges merrill Merrl tt bartch and kins king and taken under advisement an all application by judge judd to have the appeal of 0 eddard ys vs parsons put on oil abo calendar was waa taken under advisement vi vJ |