Show OPINIONS HANDED DOWN I lower Court Affirmed In the Case of the Western Hardware Company I J i THE flSHtREMERSON CASE REVERSED 11 1 < 44 lIm T Mon litnt ISM or Ilb Ittle sordiato Ill Con1y MeIllor n 1 j nh Ili I Jan I f i The Supreme court 6f the State to flay hindi dunn an opinion alllrinlng the JuJsment of the lower court In tho case of tho Olorado Fuel and Iron Co a corporate appellant nth Western Hardn ire fo and Oscar W Moyle i rep ndent and Joseph Ckonlm Fait 01 all I Inteer and Appellants The Western Iardaro Co made on Assignment of all Its property to Oscar W Mojle I on September 9 1890 for the benefit of Its creditors Iteod bmoot was A stockholder and director In the corporation 7he Prove Com inurclal and Roving Hank of which f > moot was director and president wan made it preferred creditor by the dli lectors nnd stockholders of tho tern t-ern Hardware Co IlalntllT and Inter nors claimed that by reason of tho rrefrtn a of the Irvo Commercial dad Savings Dank In which Iteed Fmoot wan president director and rtockholder he derived n direct ad nntoge from such prereronc Ana that the assignment wlUl therefore Vold by reason of the preference ot the bank by the Hardware company over other creditors for whom be fctood In a position of trustee The opinion holds that tho double relation of Smool as director and rtockholdcr of both cars nations Our is nol render the olgnment fraudulent and Vold because the bank n which ho grid his wife owned one third of the stock was made a preferred pre-ferred creditor by a vote of all tho Ftockholders and directors of the = r yd company Ili which Vote lilt artlclpated when the same result Xvculd have been reached had ho retrained re-trained from voting I and when the nnll Inmnt wn md Lmftrencm f boon ride debt In 1 good rnllh wllb but any fraud or deception whatever nnd without any Intention of fre grd inni terrtng or bencnttlnfr Mr Bmoot personally per-sonally notwithstanding the hardware company contemplated 0 cessation of Its business and was Insolvent ot the UrnTh The opinIon SlAdin Had the assign Treat been made fraudulently nnd In I bad faith with an Intent to prefer offtiera and stockholders of Ahe hardware hard-Ware earn pany or tied a majority or the directors and stockholders In the heird veto company ben Officers and stockholders of the preferred creditor and had old for sUch Irrren with a fraudulent purpose we should I doubtless arrive at a dltnerent conclusion con-clusion from that reached In this items itemsLOWIn COUnT itnvnnsnD Tho Supreme Court also handed Cown an opinion reversing the dol Ion of the Yovver court In the came of Nellie E Asher ct al 1 plaintiffs and I respondent vs Harriet B 1mooo defendant and appellant This action was brought to enjoin lIfendonl from constructing 0 f ties upon a right of way alleged to lie long to plaintiffs and that plaintiffs lie decreed to have free use ot such right or wn The case com on rr hearing July 7 1890 arid on July 10 im the court left with tho clerk an ordered filed Its decision and findings In writing In duo form OnlIng oil thO matrlal facts In favor of the defend 1Irt and a gnlnt the plaintiffs with certain conclusions or law The clerks cot for filing not havIng hav-Ing been paid by mistake the filing was not made and 0 nw trial was hd notwllbtndlng the objections of tho defendant and tile decision and conclusions of law made In this trial and filed September 10 1800 were contrary con-trary to tire former tintelon and conclusions con-clusions tlO the Injunction prayed for awarded Defendant appealed from this judg j men alleging that the court erred In proceeding with tho trial anew and making Its findings and jud amen t because be-cause of t lie Irlol I harness the court or July 7 1896 and the findings and conclusions con-clusions round In favor of the defend art and that the same had not bent ben-t sold a or 0 nw trial granted ot any time The judgment appealed from Is I noW reversed the court by below the la Supreme directed I fourtsafid I he findings of fact and conclu Ions of Jow mode and died September 10 JS98 and to enter judgment on the findings of fact and conclusions of law made and tiled July 1C 1890 The relief holds that at no proceeding had iteen taken for a new trial or to set tile the findings It was Irregular to I acted to 0 rehearing of the came ot L subsequent date MONK MUST DCLIVCn In the matter of the petition ofT lames of-T Monk for a writ of liabead AhUIthe Supreme Court today handed down an opinion ulllrnilnrr the ludgmnt or Ih 9 loner court James T Monk was recorder of the pie Cottonwood mining I district In P19Lake n bait Lake county a peremptory writ t > f mandate was Issued by the district Court requiring him to deliver to Amen CJnn recorder or the eoun y the records of Ills district ImTui fcn his refusal to obey the writ he t a a A djudged guilty of a contempt nd committed 10 prison unlit he houl1 dellZ the records or bo dl is charged In duo course of law Ha as nltrwnrdl brought berore tile Lourtlan asrVnrllo1 hLon eorpn and pon hrlng ws 6 remanded to prim n to i bo held In pursuance of the or er of cmmltmnt < From this order rn to IIhrat I I him he appealed o the Buprem Court |