Show FIGHT CAR LINE brigham street residents new move IVILL TRY QUO WARRANTO the lh state ex rel john dern bern and other residents of last enst brigham street ilas as begun quo War carranto warranto proceed aps la to prevent the salt lake city Kall rond ad company from extending its cr car lin Ll nElst east ot of E street on worl stopped by injunction the salt lako lake city Il railroad earn com will not be permitted to extend piny party IU its aito jito ano on brigham Drig ham street cast from rom I 1 F street without another content I 1 in n the courts in ail a opinion banded don doin a by the lie supreme Su court on march lith it was iris held that ta the plaintiffs in it a instituted to prevent uia the dUD elmo Slon sion bere ore strangers to the contract between tho the state stala and the com 1 embodied in the franchise and by y as euld not therefore then toro be heard F acting upon the tha suggestions era cm 1 b tracts eced in 1 the opinion however that ditc itc a state might interfere uie lite plaintiffs WITS lart have instituted in quo warr unto proceed ing liegi in the namo name ot of tile tha state and ot of the attorney general upon the citation ot of john dern and other oilier protesting tx 1 its the hope that they may inay vt kt detest the proposed extension it la Is alleged in tho the cornik aint that in to the companas comp anys ant r acs ics of 0 incorporation beloli aas filed in janu uy try tile the company specifically eliminated that flint portion of tho llin gilrert upon which it 11 now dow bohld lne 11 la Is faither alleged that ahen mi an attempt e apt was walf made in y to lite he articles m of incorporation au as to include each and all ut fc tho ohp streets of 0 the city tile law was waa not coill idled alth alth in relation to filing n p Cel tilled copy of oc tho the amendment bilth the secretary of 0 the of u utah and that by acason of the alio to 1110 the tho the company now lias has no right to von EL a lite on oil tile portia I 1 0 oc f the street in fit dispute it Is next se oct t out that luay right tile lo 10 aromy ever hail had on tile iho alii ot liua has long ion since beta been declared aled ted by the territory of 0 attall and lies has not born been ren 1 ed also that hv bv its in I 1 lilii diw se abandonment und and reo reNoe callin atlon anti and the forfeiture ot of right east ai leham sli act UK tile company Is now wholly holly without authority to construct a line there As a g around d tor for equitable relief relict it la Is oil alleged lebed that ra tile the una line Is not needed and that it will cadde irreparable damage to the hie abutting propel ty on owners ners to the extent or of more inore than the prayer of the complaint Is 13 that the company bo be adjudged to have no rights upon tile street find and that it be lestral ned flom aiom constructing the line pending a of lite present action upon the hie filing by the ot of a I 1 hond bond a temporary ie straining order was issued and the company was ordered to show caubo on olt april 10 th the he company it will be remembered besan began the conati of tile the extension about a year aso ago and was waa comp compelled ellea to cease there by it a temporary restraining order in the ali former suit ault work had acain been resumed yesterday when the second restraining order wa vita served As to whether or not tile the company will be permitted to proceed with the extension depends upon the action of tho the court with respect to the motion tor for an injunction pending a final anil hearing suit involving foreclosure helen AL st burt tiled an action against the freed and carpet company yesterday to recover clat damages nages to the amount ot of tor for th the alleea J l Ille iral seizure of oc certain I 1 goods gooda and effects mrs buit SAYS mya that on oil april 14 1897 she deposited tit tho property prop eity ill with I 1 the b e company for safe keeping but th that a t ann site sho demanded the intuni 0 oc f tho he sm sit aien on oil imrch 4 and ter tendered idere 1 tho ho storage charges RS lis agreed as reed upon delivery wua was refused JUDGMENT REVERSED building association suit decided i by supreme court art an opinion was handed down in the court yesterday it in tho the case of 0 J St livell airall the peoples building loan and sanin halny ah ocla lion uppa tho the opinion tile the decision of the ilni lower court which A waa As til in favor of the for VOID ud interest the defend atit in uio cobit below moved for a noti nonsuit upon ulon tile ground that th 3 plaintiff has bas not it eged nor proven tha eliat hore here oio wa aay y funds funda in the lite hand handi i of 0 tho the association that can legally be mith withdrawn drawn for the payment of the stock in III question th tho 0 0 lion lor for nonsuit was ov iohd and judgment entered T tho lie opinion written by chief justice dartch anil concurred in by aultice miner ind and basken lielda told that tile tho nonsuit r UIL should bave been granted crant tho the ca c uio 9 0 Is accordingly aidi bcd reversed 11 valli t it costs and remanded to the IOV gocr cr court with directions directions to permit amend in n ments monta to t tho to pia dings and upon tile the falluco of the plaintiff to amend to disi nilis title tho action acl loti setting of 0 cases judge cherry made it a setting of civil cases AV for ll hearing earing from abill to may 1401 district court orders judge hll 1111 a made the following orders in the equity division of the th third dian let court yesterday jesse SL juhn john vs betsy anderson ot lt da judgment and decree of 0 foreclosure lit hi favor of fur for baude adams vs VR guy adams referred f to deputy cl cleill e lit to take testimony and report idu ida lenora smith vs SIM T smith dacree of 0 divorce modiner hy by a awarding vard certain propel tv to the defew in 11 II butcher li vs D J wilt william et ct tit at de demurrer ovel ruled and ten days to answer y thomas matthews Matthen 9 vs frank e et t aa t temporary n injunction loA ai e nj 1 ln g from maintain ins a libin ill in it a ditch near the die mouth month or of tin 1 I jordn jordan liver judae therry bet ry made orders as aa fol follow lous a A P F holden va the pullman palace falace cur car compa company riv case cn w ordered I 1 white while vs ann white while leave orilin I 1 to 0 1110 c alli amended ended complaint Alle michael huel J 3 kally elly vs tho geyser ma la blon gold Iti mining lkling company tit smissen utah national bank vs va the peoples People 9 building loan and assoria tin it in favor oc at the pla n tiff for astel W S mccornick Ys henry sadler motion for new trial ovel t kited georke A mor morrow row vs va rachel achl li me master dismissed upon stipulation andice badall vs ruchel mcmaster rame emine order riley kilcy ri Di others vs riley alood co et cl AT al leave lacavo riven given tofile amended bomp complaint I 1 a I 1 t 1 vs VI W P noble qa overruled and fifteen days to answer awer geci ge J thomas vs W 3 1 henderson oil denit overruled and d fifteen days daya to amend hanbali it II wells vs J A ll igan I 1 smith motion louon for new trial taken under 1 advisement josephine it 11 oleary vs W P noble demun cr overruled and ten tell dava to amend 11 L driver co vs TS salt lake ditke and an l ogan cas ga and electric light cora company Dally demurrer and ten tell days to amend 1 thomas thomaa W jent et a aj va 01 0 P pratt et ct c t a ul I 1 motion to lie file fun tun ended complaint granted grained and ton ten days to oni ani onas anas as or probate orders estate of 0 mary V hicks dec deceased cased sale of real detate confirmed estate of edward coila coale deceased execution of a a convey conveyance anLe ordered kwiato of garph beck deceased final account allowed and petition pell llon tor for distribution aution grunted granted instate and guardianship of 0 fidella fidelia B D hamilton incompetent petition for letters of guardianship guardians hp continued tor for two weka weeks estado of hyrum beck deceased i fiE enill account allowed and distribution ordered L of clare clara D young toting deceased same order instate of william C hooper do dc ceased execution of a deed to certain property approved estate and guardianship of oc howard 1 leo IAO et ct id reinor alnora s ruby huby lfeo lee appointed 1 eni git ardian under tinder a faw bond I 1 |