Show SUPREME COURT a anh the cases from th the first I 1 REVERSED arguments relative Eela tive to holding terms of court conn at nephi and loman lo man in the supreme court judge zane yesterday delivered art an opinion ia the matter of the of william 1 D moulton deceased AN administrator the court of wasatch county denied the petition in of one george smith to be ba appointed administrator of this estate smith then op appealed pealed to the first district court at provo and judge blackburn also denied the prayer at al th same time appointing E E dudley administrator de bonis boni non anon from this judgment Moul tons widow and heir appealed to this court their honors held that equito should not take jurisdiction in matters pertaining to administration and the settlement of estates except on appeal of the he subject of the order appealed from or unless tho the case involves some special featured or exceptional circum circum 9 ances cf themselves warranting the interference of equity I 1 such euch as hand fraud WR te and the like or unless it ia of such such a nature that a probate court is incompetent to give adequate relief or is ia one of which the probate court hav baa ing taken cognizance has miscarried and failed to do justice by bv its decree in this instance the authority of the alro probate bate court and the remedy it afforded were sufficient and adequate and the order of the district court arpealer pealed ar av from WAS wa held by their honors to ba erron bous it was rever reversed reverted judges minor miner baitch and smith concurred DIRGER MINING SINT BINT the case casa ot B darger et a al plaintiffs plaintiff plaint iffa 13 and respondents leepon dema vs va st V lesieur defendant and appellant came on for re reh hearlon earine attorney arthur brown and judge henderson represented tho appellant judge bennett Ben neti appeared for the arc aureal from judge Black blackburn burri first distri district zt iha action was originally brought to recover posses possession aion of six mining claims located on public land of the tha united states and not embraced within the limits of any mining coining district plaintiffs Plaintiff 3 allege that they acquired their rights ot of possession and ownership by reason of a full compliance with the ian laws a of this territory and of the munib d states binca and that while they were doing their annual u 1 assessment asses work for the year defendant wrong lully entered into possession and ousted them it was urged hy by appellant that the court below erred iu in overruling his demurrer dern arrer to plaintiffs amended complaint the demurrer having been interposed on the ground that the complaint did rot r ot sufficiently describe the property prop eity to enable an officer to identify it th the e case was submitted ys VS CORRY COBBY judge smith handed down the epim 11 ion au of the tha court in the case of H W hai hawley ley vs corey bros and co appellants from t the te e first district court in this case caad the sued the defend defendants ante claiming a grading contract on the great northern hailway in montana and alleged that after the said contract was entered into the defendants violated their agreement and refused to allow plaintiff to do the work jn in the mean time plaintiff had pur purchased chesed certain grading tools and in made ado other preparations to do the work wark at a cost of I 1 ne he also hired a number of men all and d paid their fare from utah to moni mon tana where he ha was wan to do the grading gradine plaintiff also aloo alleged that ho be was damaged in te oe sum of by not being allowed to carry out nis contract and demanded damages in the total sum of 25 upon a hearing in the lower court judgment was a pandered ran dered in favor of the plaintiff for bat later he be remitted of the abe a amount m aunt and the defendants motion for a new trial was overruled defendants thereupon apnea appealed led the judgment ot ol the lower court was waa reversed justices bartch and miner concurred CINAL INJURIES jotin joan W smith TS the rio grande western railway company appellant from tho first district court this was an aa action for personal injuries in the sum of it 16 was alleged by the plaintiff that in company with one charles walters he be drove from springville Spring ville to spanish fork on july 6 1891 at 1145 p m they left spanish fork for the night was waa stormy and alile crosing osine cros cr ing defendants track as they neared their destination their outfit was struck bv a train oua one hurse was killed the bazon wrecked and the plaintiff wai wa i sever severely elv and permanently injured negligence was alleged on the part of the defend ant in not giving a signal as they neared the crossing and upon a hearing in the lower court conn judgment wa rendered in favor of the plaintiff for later by order of thu the court and consent conent of 0 the plaintiff the tha judgment was reduced to and the defendants motion lor for a new trial waa overruled whereupon defendant annealed apoe apnea aled led bennett marshall bradley op ap feared for the appellant and ki king n X fe houtz floutz for or the respondent LOGAN AND COURT TERMS A brief and argument by J byron Jenn jenkines Jen nines inza of nephi and W W an of loban in support of the govern ors oria fix ng terms of the court at the places amed was sul submitted to the court by district attorney judd who hoped that they would see fit to consider conid sr the matter and ren tier an opinion on it at some some convenient time |