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Show FORCING THE ISSUE. Kawlins Insists on a Hearing in the Tuscarora Suit THE CASE IS SET FOR MONDAYi Judge Zane Don't Think He Has Much Influence with the Chicago Convention Melango of Court Notes. As was announced exclusively in THI Times last evening would be the case, the suit of the Tuscaroras vs. the straigtouta was called up before J a Age Zauc this morning morn-ing on an appeal from the ruling of Justice Lochrie overruling the defendant's demurrer. demur-rer. Ogden Hiles and Tom Newton appeared ap-peared for the plaintiffs and J. L. Rawlina for tho defendants, and as soon as Judge Zane took his seat on the bench, Mr. Rawlins Raw-lins arose and said: "Your honor, in the matter of Duke vs. Norrell and Smith, the defendants perfected an appeal several daya ago, and we desire to bring it up now for argument on our demurrer. .). V. Mr. Newton is the attorney for the plaintiff, and I have just been called in to assist this morning. I find that we haven't had the notice which the statute requires. re-quires. We are entitled to at least five daya notice, unless the court shortens the time. Mr. Jfotafiw I don't think this comes under any rule. We gave notice to the other side last Wednesday that we should call the case up today, and they have had ample time. This isn't a motion at all, it is a demurrer de-murrer to the complaint. The Court Mr. Hiles will you refer to the statute ? Mr. Xni'ton Section 3073. Mr. Hilt This is a motion to take this matter up out of its regular order. The Court Well, are you prepared to take it up? Mr. Whs I am not, your honor. I am not prepared to argue it this morning. Mr. J.'airlin This case was heard in tho justices' court and an appeal taken. The other side was notified that we would call it up today. The suit was evidently brought for the purpose of having some effect at a political convention. The Court What convention was that? Mr. liawlin At Chicago. The Court The democratic convention? Mr. Hawlins Yes. The Court (smiling) Well I am afraid that the court hasn't much control over that convention.. Laughter. Will it be in timo if it is taken up next Saturday? Mr. Rawlins No, we are going away on Tuesday. Mr. Newton I hold that this is a trial da noro, and the case should go on the calendar in the regular way. That is the only way it can be reached unless the court shortens tho time. Mr. Rtuelttu I suppose we might take it up on Monday, but your honor will probably proba-bly be engaged at that time. We are willing will-ing to submit it now without argument. The Court If Monday will do, I will set it for that time. Should I be engaged, one of the other judges can hear it. Mr, JSowKim What do you say to submitting submit-ting it now without argument? Mr. Hiles I say that I decline to do so. Counsel on the other side lias had time in which to look up authorities and consider the matter and we have not. The Court Well, let it be set for Monday, COUKT NOTES. The case of S. P. Teasdel vs. Richard GofI et al has been dismissed. Default has been entered in the case of II. Altman fc Co. vs. Daniel Quinlan. The report of the referee in the case of J. R. Smith vs. L. H. Dale has been confirmed. A decree of foreclosure was granted today in the case of Sarah Williams vs. George Bruce. The suit of the Saltair Railway company com-pany vs. Atkinson Whitworth has been dismissed. dis-missed. A decree of foreclosure has been entered in the cae of J. R. Morris vs. 8. W. Halla-day Halla-day et al. In the case of William Hardman vs. W. J. Harvey et al., a motion to retax costs has been allowed. J. B. Timmony has been appointed receiver re-ceiver in the case of Louisa King vs. Joseph Wilkinson et al. In the case of the State bank vs. Sutherland et al., default of the defendants was entered en-tered this morning. In the case of Edward Crofts, charged with adultery, the amount of the defendant's bond has been reduced to $1000. Edmund Halliday, charged with administering adminis-tering poison to animals, has been ordered released upon his own recognizance. Sixty days time has been allowed in which to file a bill of exceptions in the case ot J. W. Goldthwait vs. J. T. Lynch et al. The Scenic Resort company has made ap. plication to the Third district court to disincorporate, dis-incorporate, and an order for publication of notice has been made. A right of way has been granted tho Salt Lake ife Hot Springs Railway over the land of White & Sons, upon a bond in tho sum of $3000 being filed. The case of nenry Carrigan vs. Salt Lako City, in which the plaintiff sought to test the' legality of the action of the council ioj reducing the salaries of city officials haa been dismissed. POLICE COURT. Fred Kesler's Carnival of Judicial Glea This Morning. Frank Page and John Donaldson each got drunk last night in honor of Harrison's nomination and were arrested. This morning morn-ing Police Judge Kesler who is a Tuscarora, lined each $5. Harry Hedges, charged with the same offense, looked in the eye of the magistrate with a glad democratic smile and had his sentence suspended upon condition that ha go to Wyoming, gain a residence and voto for tho Chicago nominee. Lizzie Lynch, a dirty pigeon, was assessed $25, while Beulah Johnson's case will bo called at some future time. |