Show NEW TRIAL ORDERED OF DAMAGE ACTIONS AGAINST THE OR CITY Supreme Court Holds Plaintiffs Plaintiffs Plaintiffs Plain Plain- tiffs Entitled to Further Hearing of Cases The lower lo court Is reversed in three cases and sustained in tw two ca cases s in five opinions handed down dorm b by the Lle su supreme supreme su- su preme court All of the opinions were written b by Justice J. J E. E Nick Frick and Chi Chief f Ju Justice D. D N. N and Justice V. W. M M. McCarty concurred Two of or the opinions were adverse ad to the city cHy The Thc judgment in the case cao or of John Robinson appellant against Salt Lake City tried be before Core Judge Armstrong was as reversed ro with instructions to grant a anew anew anew new trial Robinson sued to recover damages in the sum of or for personal personal personal per per- Injuries alleged to have been re received received re- re by being thrown from his wagon on onon on South Temple street between Sixth and Seventh West est streets February 11 1909 While driving along tho the street treet his wagon ran Into an excavation Robinson r was as ao thrown out and one of or his le legs was broken After tho the plaintiff submitted all his 1118 evidence Judge Armstrong granted the motion of City Attorney for tor a suit non and dismissed the tho c case c upon the grounds that Robinson had failed to prove pro his cause of or action and that th the city had made the excavation in tho the street or that It had been left for lor any length of oC time A reversal and a R. ne new trial also are granted in tho the case of oC William L. L J. J Bills appellant against Salt Lake City in which a jur jury in Jud Judge e Armstrongs Armstrong's court returned a a. verdict in favor of or the city no causo cause of or action Bills sued to re recover recover re- re cover S damages for tOI injuries received by riding his bicycle Into an excavation on South Temple street near S Second ond East street April 10 10 1907 1901 Tho The city set up contributory n negligence on the part of or Bills as Its defense and the Instructions in instructions instructions In- In of or the court on the question of ot contributory contributor negligence enco wore excepted excepted ex- ex to b by Bills a as being prejudicial to his interests Snow Loft Left Too Soon In the case of ot A. A E. E Snow Sno plaintiff M. M R. R Brothers as assignee substitute plaintiff and appellant against E. E M. M West the Judgment of or the lower Jower court courtis is 14 affirmed Tho The question Involved Is the right to set off ocr two judgments obtained b by West Vest against Snow as against a a. lodgment judgment obtained by Snow against West Vest Snow secured a Judgment against West Vest for tor 1050 as dama damages for a n. levy y leyon on the tho formers former's library claimed exempt After Arter tho the judgment was wag as obtained it ft was waa ns a assigned by hy Snow to Brothers West est had two jud Judgments ments against Snow amounting to and respectively He lie filed tiled a a motion that these two be set t off ocr as against the Judgment secured by Sno Snow and the the- thelow lower lower low low- er CI court granted grunted the thA motion thus leaving leaving leav lea In ing a balance due duc to Snow or his as assignee assignee as- as signee of ot It Il was as contended by bt Brothers that under the tho statutes statute the judgment In favor of or Snow having been given shen as damages damaSe for the levy Jen and sale of or exempt property property prop prop- ert erty also was as exempt and amI hence the set off ocr should not have o been allowed The supreme court hol holds s that this contention con con- would o ha been good had it not been for the fact that when the set oft off was claimed Snow had departed from th the state stat and had ceased to be a resident of Utah hence ho lie could not claim an exemption under the laws Jaws of Utah In view of ot this fact tact the court holds hohls Snows Snow's assignee would not have any greater right than he hence no exemption tion could bo be claimed Montgomery Goes to Prison Th The Judgment of ot tho the lower court Inthe Inthe in inthe the case of or Km Emil 11 S. S tru trustee te appellant appellant ap ap- against the Ogden Northwestern Northwest Northwest- ern Railroad company and tho the executors of the estate of oC A. A R. R C. C Smith IH is re reversed reversed re- re erl versed ed and the tho lower Jower court Is 15 ord ordered rell to amend its findings of or fact and conclusions conclusions conclusions con con- of oC law to conform to tho the views vic expressed cd by hy the supreme court The action was brought to foreclose c two trust dee deeds s on tho property of or the railroad r. company compan one dated l' l February 20 20 1304 1904 for and tho the other dated September r 15 Ii 1904 for The Thc lower lowel court rendered a decree of or foreclosure foreclosure fore fore- closure but permitted a R. Judgment se secured SQ- SQ cured by Smith amounting to to take priority over o the first trust deed and ordered it paid out of or the proceeds of oC tho the sale of or tho the property before the deed mentioned mentioned- d. d rho Tho court holds that tho the judgment appealed from Is for too large arle an amount and hence reverses rc it In the case o of or the state stale a against lt aln-lt Lorenzo Montgomery appellant the tho judgment of oC the lower Jower court Is affirmed Montgomery Montgomery Mont Mont- gomery wa was found round guilty gunt in the district court of Weber eber county February D 9 9 1909 1109 of oC a n criminal assault on an Ruby nub Stanford n aged pd 16 years and antI wan WM sentenced to eighteen months month In the tho State prison The supreme court denies him a n new now trial |