Deseret Evening News | 1906-08-04 | Page 6 | Judgment Reversed

JUDGMENT REVERSED Supreme Court Ullon In I the ilir lil Liberal Mining CaM n ner nerThe The Judgment ju of or the lower lor court url in inthe Inthe the raw Pt of at ff David W V ap 81 1 fl vr P c William Wilam H II 1 nan has hi Wn hoen h n reversed rt by b the Hie supreme court and ald the complaint 1 Ip Ic ordered reinitiated and he action lon proceeded Iroc e with wih according to law lIla action 1010 wan WR as brought to re rt recover cover the Ihl balance of o the th purchase price of or nn an In Ito tho til Liberal lode claim dol dolt at t which according to the of sale II w was 1 s to be b paid out Olt of or the thu Ih net pi octal of nf the th mine Defendant old cold I his hiM int to lu other partle without paying the Ihl balance due to tn and the th latter sued ul to re recover recover cover the same came Thus The Th lower court held hl that there wax watt Wl no evidence at It the th trial tT I showing list til I the mine minI produced pru e any anything anythIng 1 thing to 1 the lb tins time 1111 defendant H ld 1 the Ih interest t 1 from plaintiff and hanc plaintiff was wai dis dismissed cl missed The lI ourt lort bold boida that ti this was Tai 1 error eror nn eli fl the part nf of the lower A I as there was Wi evidence showing thol Ol worth worb nf of ore are or had hd b ben en taken tak from fro the thO rain litora defendant oM out nut and it w wee a the duty ditty of ef the It court to 10 determine what the on oj D this Ib ore OIl was the complaint IK Is I ordered reinstated and the rat race tl pro proe e with 11 to law I The Te opinion of ot the Ibl was written by br Chief Justice and all e concurred l in InI by I both nf of hl his III