Show PETERSON WINS CASE Court Protects His Land from Trespass BEAN MUST 1EEP1 OFF George T Bean Attempted to Construct Con-struct a Ditch Across 1et sons Land Without Petersons Consent Claiming that He Intended Building Build-ing an Electrical Plant Lower Court Restrained Him and Supreme Su-preme Court Affirms Judgment Hortwell Failed to Pay Alimony The Supreme court yesterday handed down an opinion afllrmlng the judgment I of the trial court In the case of P C Peterson vs George T Bean appellant appel-lant The action was brought to have the defendant restrained from entering upon land owned by thc plaintiff and cutting a canal ditch through It and to recover 5100 damages for acts of i trespass already committed The defendant by way of answer and i counterclaim set up that he was about p to construct a system of irrigation J ditches In Sevler county and to build I an electric plant to furnish electricity j I for lighting the towns of Glemvood j 1 Richfield JSlsinoro and Monroe that i 1 the same was of a public nature and i I that It was necessary for him lo have I j I a right or way across plaintiffs land for a canal to convoy the water and hint he had offered the plaintiff a reasonable rea-sonable sum for the right of way but lie would not accept It Defendant j1 therefore prayed that a strip of land j be condemned for a right of way at a reasonable compensation for the plaintiff plain-tiff The trial court found lie issues for the plaintiff awarding him 1 damages dam-ages and enjoining lie defendant from trespassing on plaintiffs premises The Supreme court in affirming that judgment held that at the time the defendant entered upon the promises he had acquired no right whatever to do bo The land had not been condemned con-demned and the fact that the defendant defend-ant contemplated having It condemned gave him no right to take possession of it and construct his ditches The alleged al-leged counterclaim neither defeats qualifies or lessens thc relief which lie admitted facts show the plaintiff is entitled en-titled to The opinion was written by Justice Baskln and concurred In by Chief Justice Jus-tice Bai tch and Justice Miner HUSBAND DIDNT PAY Alimony Not Forthcoming He Says Because of Financial Reverses Byron 32 Ilartwcll appeared before Judge Norrell yesterday in answer toIL to-IL citation ordering him to show cause why he should not be punished for contempt con-tempt of court for falling to pay his wife 75 a month alimony as ordered by the court in 1S9S After the original order the amount was modified by agreement between the parties but Hartwell paid very little of the money and now claims that he has met with reverses and has been In poor health Mrs Hartwell filed a supplemental complaint asking that the amount be fixed at S40 a month After the hearing Judge Norrell took It under advisement Attorney H C Kdwards represented Mrs Ilartwell and Attorney B B Crltchlow was for the defendant William Hidds Estate The heirs of William Rldd deceased yesterday filed In the Probate court a petition praying that Brigham A Rldd be appointed administrator of the estate es-tate of UK deceased The property is valued at S1250 of which 2600 Is in real estate and 5760 in personal property The heirs are the children and grandchildren grand-children The hearing was set for May Clh Court Notes Suit was yesterday filed In the District Dis-trict court by Jason Farrar against Paul 33 13 Hammer et al to recover 51200 on a piomisbory note secured by a mortgage on real estate James Chlpman Is suing Chester W Ames et al to recover S55720 on a prom issory note secured by a mortgage on certain real estate G R Bothwell Is suing A Ilensgcn et al to recover S7CO balance alleged to be due on seven promissory notes secured se-cured by a mortgage on real estate District Court Orders Thomas Bews vs J II Klrkpatrick judgment for the plaintiff for possession posses-sion of sheep and 20 damages The Mine and Smelting company et al vs E G Rognon judgment for plaintiff for SS1S82 R N Baskln vs II L Driver et al Jury demanded by defendant and case transferred to jury calendar Ilcrrlman Irrigation company vs G W Keel the Butlerllold Mining company com-pany cl al trial proceeding when court adjourned until Wednesday |