Salt Lake Tribune | 1906-07-21 | Page 10 | Lower Court Reversed

LOWER COURT REVERSED Faulty Complaint Causes Granting of a New Trial. The Supreme court handed down an opinion Thursday In the case of the Mantl City Savings bank, respondent, against Niels Peterson et al., appellants, appel-lants, reversing the decision of the lower low-er court and granting a new trial. The case was a suit brought in Sanpote county to recover the possesion of certain cer-tain sheep upon which a mortgago vas Issued In favor of tho bank, tho lower court rendering judgment in favor of tho plaintiff. In tho appeal to the Supreme court It was argued that the complaint did not allege that the plaintiff was the owner of the shoop and that the defendants had filed a demurrer to the complaint, which the lower court overruled. Tho Supreme court holds that tho complaint com-plaint should have alleged the plaintiff to be the owner of the ohocp. and that the lower court erred In overruling tho demurrer The Supreme court also allows al-lows the plaintiff to file an amended complaint. com-plaint. The opinion was wrlten by Justice Jus-tice Straup, and concurred In by" Chief Justice Bartoh and Justice McCarthy.