Show DECISION IN IBEX CASE I 1 in n favor of sierra nevada lumber company LOWER JUDGMENT AFFIRMED lien of the company for material I 1 furnished held to lo be superior to the mortgage of W S mccornock McCorn lck attachment proceedings dings did not constitute a waiver of the tha lien agn agnes as S V young sues tor for divorce from Chrt charles rles J T young to whom sho she was married but a rew few weeks an opinion was handed down yesterday d ay by the supreme court lil in n th the e e cae a a e of 0 tile salt lake lithographing Litho gral graphing ilon g C company n T n anil and Sm smelling elting vil a ilia ibex ilare company the sk sierra ere nevada lumber company IV S mccornick McCorn lck et al this was a an appeal 1 by the defendant mc ilc Corn cornick fIc from rom go BO much of 0 the decree entered by the trial court as adjudged that tile the lien ilem set up in iona cross com plaint of 0 the lumber company was oil superior to the lien of 0 the mort gasc described in ills his complaint the the salt lake litho graphing company lied filed a complaint asking the appointment ot at a receiver for or tho the property at 0 the ibex M mining ining company tho the lumber company filed bin an answer and a cross croes complaint alleging a contract with the mining company to furnish lumber tor for the smelter and other buildings at the mine it claimed that wat was due lt it find and that it had a first lien for f or ill that at amount no lire of 0 which was filed way may 1835 tile defendant mccornack McCorn lck lied filed on an answer and a cr cross as s complaint setting up a mortgage of mere march it 6 1895 to secure a note of tos by if the I 1 e mining company tillah in note 0 te wits was recorded april 11 1 tile it appellant prie llant cla claimed timed that the accounts for the mater materials lali furnished by tile the lumber company for the smelter and I 1 lie mine were not kept separate and that la I 1 it could not be ascertained d how much should have been charred charged tor for materials furnished each the cot court rt below allowed charges for material used at the smelter only the higher court holds that a lien existed on the entire premises tor for the lumber use in each structure and that ono one lien could lie ile decreed thereon foi for the security of 0 the entire bill 1111 it vas further claimed that the lumber IL r company had waived its right to the lien by levying an attachment upon the property of tho the mining company before filing its cross complaint it Is held beld by tho the court that this did not constitute Fiti tute EL a waiver of 0 the lien of the lumber company and the decree from Is affirmed alDr med chief justice zane aroneo the opinion and justices bartell bartch and miner concurred SIX WEEKS ENOUGH ag agnes B young soon tires s of life with charles J young after six weeks ot at wedded bliss agnes B young yesterday began suit fc for divorce against her husband charles J young in the third district count the plaintiff alleges that she w was a 5 married to the defendant on june ath th 1837 2897 and that at al all times since then the defendant has treated heroin herin a viry very cruel and inhuman manner on one occasion striking her in the face with his list flat and at another maltreat ing her son charles brown a boy bay of about 11 1 years yeara of age sho she further I 1 that she has certain property in t this h city valued at about 1500 which the defendant has mortgaged tor for the alleged purpose of raising money to start into business and that lie afterward squandered th money for drink the plaintiff prays tor for absolute divorce and asks that her name at the time of her marriage to defendant t be restored to her court notes the final account of th the tor a of f the estate of J james c S bird deceased cease d was allowed anam and t the h e decree dej a of distribution made christine yesterday began 3 suit age against dinst john A fritsch on a promissory note of COO COURT AT RICHFIELD the exciting water case one third through and no tight fight yet correspondence tribune I 1 richfield july 27 the trial of the civil action entitled the city of richfield vs william J dean bean samuel G dark and jacob st lauritzen began in the sixth district court in richfield today and tonight has hai ha i about ono one elrd of its course judge mccarty cCarty SI is 1 trying the case without 4 a jury only a few of 0 the cites witnesses were wc re examined today they are paul faul poulson ex city B E C peterson at present city councilman a and 1 I 1 I one ot of the irrigation committee james if ret peterson erscin ex mayor and surveyor and willaid a young state bengt neer beer the of 0 their evide evidence nep lotas to provo prove that a newly developed spring which defendants own taps tapa tile the same name source of water that supplies the old city spring upon which fiona its first drat settlement richfield ld lus lids depended tor for IrIl irrigation gation and domestic purposes and that the jailer fount fountains ALIVIS now flow lie liol thus been considerably lessened ohp state engineer was introduced a an expert geologist and tomorrow the defendants mill meet his testimony by life evidence of engineers 0 R young and robert kobert forrester salt lake city nancy anderaon by her for attorneys stewart stewert and colllns collins planted suit today for divorce from rom charles charlca anderson a prominent furniture dealer of elsinore El alnore thlu county judgment in the snyder vs jennings come case n N III ba b rendered on the stith on august 2nd and judge mccarty sits site at junction county to set cases cae and draw dran a petit and grand jury the third term of court in wayne county opens at loa on august lith BEFORE JUDGE JOHNSON JOHMSON edwards edn arda pleads heads guilty ot of adultery zahn john humphrey gets a divorce correspondence tribune mantl anti Saro sanpete pete county utah july 27 after tin ili adjournment tor for the boll das the seventh district court resumed it IL 4 july term judge jacob johnson bolm ou presiding the following busI business neso was waa transacted tie led fairlow pain low co lisak lotion vs VB id 1 burres LurT cc demurrer withdrawn find ouse set for trial july 7 ettl wt at 2 yx s tn in joean C Jome jeneen ifon vol vo orson ors n allred wt not tor for trial july soft ut at 9 a ni al cco o op N ot alien vs v soren X christensen plaintiff granted tea div avo e ailt ditri time to jno file on for far n now ow I 1 jo jimi ph A million vs lucy L 1 peacock demurrer to lo com ilaine li ia Int intervention interment ervent figued and case cane ret tor for au an elf att t and 2nd lit at 9 A i no ni clawson vs v C central teal ut elih h wool company compi iny close wt set tar for august ind and at 3 1 p in manti city hank bunk n corporation A J 1 robbin il 1 I m arrer to rom norn I ato a i ili il r caup or nr uon clon nd ad to ite allied 10 lo aili i suits f w i pi lot gr nl at lett im da to amend ac ad complaint unit und al 1 l I 1 lowed ed twenty days day la in which to we oller HII or 11 tato of verena n pu p U ridged llon C of J john 0 in lier for uc I 1 ot 0 f jap and tand tora fors bond fixed nt at SM john W V edw lr i a ce of adust adultery r CEO into court this h oo 00 eng mid rod w walh drow r b hla jcu of 0 not rulley and ta pl O antt rc ono n oc sul ali linio 0 f for sela ben force fixed for thursday next at 9 0 it m olova v luclus We mcarthur Arthur I 1 C cata net for trial july isaac cond rio flu implement ITin eal can erit for no for v the return a of ili alio properly or for the bum built 0 of PI and costa jodlo and annja aaril humphrey were WM 0 lo 10 O kiuly vy separated ge rabid of the be around n do of f uio the T 11 ll I 1 r be in ia 7 on n tho a part rl or of tho he wife g I 1 mm humphrey rachle 1 ana a w rdoe tha 1 I cu y or of in tho child i and in for s ciup or I 1 D oil goo ice ion john w afu bot order to pay ch tho gium 0 of 4 month |