Salt Lake Tribune | 1908-11-04 | Page 14 | Decision in Famous Provo Depot Litigation

DECISION IN FAMOUS PROVO DEPOT LITIGATION Special to The .Tribune. PROVO. Nov. 3. The following decision was rendered today by Judge Lewis in tho famous controversy on the location of a union depot In Provo. Tho city council wa3 about to pass an ordinance granting a franchise for a depot on Third West street .and Jesse Knight restrained them from doing so: "The defendants' demurrer In tho above entitled tausc having been heroUforo argued and submitted, and the court being be-ing fully advised In the promises. It Is ordered and adjudged that, tho defendants' defend-ants' demurrer be and Uie same Is hereby sustained. "In ruling upon the demurrer tho court is of tho opinion that tho words 'real property of such city or Incorporated town' In section 313 x, chapter 2. compiled com-piled laws of Utah, 1307. do not Include or refer to strcotK of auch city or town, and bases Its ruling upon such a construction con-struction of the statute." The above decision on the demurrer disposes dis-poses of the case and Is agalnut the contention con-tention of Jesse Knight, in so far as this court Is concerned, but tho attomevs for Mr. Knight havo given out thut this decision de-cision will he passed upon by the supreme court. In other words, tho case will do appealed to the supremo court at once.