Show SUPREME COURT DECISIONS ui REVERSAL VERSAL IN OMAHA INSURANCE STOCK CASE judgment of dismissal in a southern SOUthe Tn pacific damage case is affirmed fellow servant law construed tile tho judgment of tile tho lanear court in flirt ahr case of lodolce Lodo ick lck fe crofoot Cro font na as receiver of tho the On latall company v vs 9 G NY thatcher Thatch cr alad S J 1 Joaa clyn was reversed yesterday by tho the supreme ourt court land and IL a new dew trial Is if ordered crofoot sis receiver sought nought to recover 1260 duo data on SL a promissory noto note from thatcher in it part payment for twenty fival shares of capital stock in lh company on tho the trial it was etlou hated that thai ihn court consider any supreme court decisions or statutes of Nehm nebraska deemed pertinent nent tho the d do fend ants demurer demerer to tho the complaint estt ms sustained sunta ined and the artion vas N as dismissed diqui sed on oil tho the ground that ilia purported C bauw a of artion a alon was wi barred by tile tho statutes q of t U ulah I 1 all judge in his opinion held that tho the statute of limitations falls falla the remedy find tho the law or of utah con troll arol 4 insofar as the remedy concerned as ait al applied plied to ran an existing land cause of action tile iho cacao cala or oc action ion or v hether or llo not t it ever existed or now calta Is ri not E 0 of the remedy but of the right and there foro fare is to bo be controlled by the law of the state v 1 hon here the contract sued upon was made met de tile the statute of in ill utne beg began etri tv to run only front lh taj athriel tho the causo cause of action acobe in nebraska irrespective of what tho the lia lans of might be the note sued upon ANAs AN As dated april 24 ISSO and payable on demand aher after date it ale no demand was over ev ermad madof until Doce december 1897 the defendant claimed that the note wt was is negotiable in forna form and nd payable viohla six months under the ulah statute or cor one year under thi the 3 statute that its demand for payment could have been mado made at once and if not paid tit tho statute of lamita limita I 1 eions ons would at once begin to run nin in fauvor avor of the debtor judge jungo miner held hold the contention to be iacoi tin tho unpaid portion of the capital stock block of tho the corpo corporation milre n might not he be I 1 enquired at once wid po possibly x sibly not at all and tho the law gave aavo the stockholders the iho privilege of retaining it but rc quiren notes to be given to evidence the obil catlon the parties would hardly enter into a contract to bo be payable forth mith without any demand rad had tho the subscribed for been all paid in cash it could not bo be ch darnel that tiny any part of it would be boa diverted to any Y other purpose than to t carry out the objects of tile tho corporation the lulo jule as to unpaid subscriptions when ulten the corporation co rp 01 at ion becomes insolent Is enforced by courts in requiring that tho ilia same be applied tor for the th benent benefit of tho the creditors the creditor of the corporation would havo have no conceded right to cull cmil for these unpaid clail tile tho corporation was solvent re rc gard leals of thi the statute of limitations and i of the having tile the management if the corporation should refuse or neglect to call for such payment possibly with intent of it a bar of tho the statute tuto the result might bo be to reduce tho the capital stock of tho ilia corporation one halt half to tile the arong of the creditors and stockholders dike RAILROAD DAMAGE CASE judgment involving fellow servant law affirmed judie judge Bart bartela cla yesterday rendering im an opinion of the supreme court at a firmed the judgment of the lower court in granting it a nonsuit la in the cast case of joseph Step Stepha haral jil no s the southern pacific cOm company PallY san nn action for damages for personal injuries on july so 10 1897 there was a wreck on theroan the road east cast of Pal palisade leando nev Step hanl liani ft nul ker was sent GC nt thirteen miles west weal of palisade on a track velocipede to got get a crew to clear the track loiter an engine started west running backward frym frum palisade ade toward winnemucca for far the purpose of reaching a tural uni mabll bablo the engine ran through the cuts and around curves lehoul signal and finally nilly fl overtook stephan running into him tile the suit was tried in U utah but under stipulation that it a should hould b bea c u under n d er tile the common law definition of follow fellow servants there being no 0 in nce vada ulfer where the accident accident occurred C hanging that definition the lower court granted the ilia rion nonsuit sult on the ground that the track walker was waa it IL follow fellow servant of the engineer and tho the I 1 Su up romo court af flarra tile ahe judgment hold laig that so sit far as ti 14 oertel the service of f the train IN wilker a iker does not differ matei lally far from or ilia engineer running the train over the track in this th case the plaintiff and tile the engineer were ment aint on oil lie crr car s ra 1 they mero working to lo clear clar je tr track sc from a v reck alie plaintiff know tit alio llio engine was waa follow follo him lie nee vaa s aware a tire of tile danger lie he was lits jn in alach on entering tile service anti and un dertat king to remove tile the wreck took tile risk rf of the negligence of the other lit jn performing perform InK their respective services Be under the ilia great weight of authority neither can maint an action for injury caused by such as ah finst their common employer federal court notes U D 11 wells jr was waa admitted to practice on motion or of P r T i on motion tot if tile the united stales mates lahl erict attorney At tomey joseph joaeph it AI 1 as ordered to plead on monday april lolli to the charge of making false entries I 1 in the iho statements of oc tile utah national Mai lonal bonk bank before judge cherry judge cherry disposed of the th follow ing in matters in the third district court yesterday utah national bank val v arber case in favor of plaintiff for n I 1 t 11 35 it as s RE attorneys I 1 orneys fees C 0 I 1 Il arching vs george georce irone hone et ct PI maggie 13 thompson vs ve david ile nold trw trall proceeded with mith up to the hour oi of adjournment |