| Show rn AN OPINION B BY SUPREME GOU COURT T Judgment In District Tribunal Has Been Af Affirmed Affirmed firmed In an opinion handed hande iown down by time the court today tim judgment ot of th lower court is 19 In the case of the Rocky Mountain nell Deli Telephone compan appellant against the Utah independent Telephone company mind I Elmer D 13 Jones rho fhe acton action was I brought by the plaintiff to enjoin the I defendant from using number ESS for Cor Its trouble operator I It ivits claimed by that It hn had the exclusive use UBe or of that number for tor le its trouble de department department by reason renson of oC priority ot of use nod and that tho defendant hal had no right to use uso the same numbers as plaintiff In Its operating departments The Tho lower court sustained defendants demurrer an anti 1 U the case Ind and an wa vas taken by the hall 1 company compan to the supreme court rho fhe supreme court In Is its opinIon b by Justice Frick and concurred In by ChIef Justice McCarty McCart and ond Dil Judy JUdge Armstrong who sat II in the case cale In the tho place ot of Justko holts holds that there thero was no on tho ho hart of the defendant to defraud or by using time tho solos lne lum num her lS as but bitt that time tho number IUS merely for the of nC Is its patrons Any mIstakes In cal log Ing UI tine tho wron trouble department WIS vos UJ due to the ot of sub sut anti ant was 1 not the tha fault ault ot of do fondant Tine court holds that the tower lowr court not nol err Irr Itt In tIme the to tine the complaint and rul rulIng ruling Ing I it did not state facts BUr auth cleat to constitute a 11 cause of acton action and hence the tho actIon of oC the lower court courtis is 18 CASE IS DISMISSED Tine The appeal In the tho case of oC George E Lyon against Michael Mouse marshal ot of Murray Cl City Chales Charles Brown ap pIl an t hn has been I dismissed 1 by the tho court for tIne tho reason that the of oC errors relied upon Cor Cora or ora a reversal ot of time the cn case o was not fed tiled by bythe time the for appellants within the ho time required In tle the rules ot of the tho SU SUpreme promo preme curt court The opinion the tho appeal Wil iUS written by Justice Frick and concurred In by Chief Justice Mc McCarty Carty and mst fist Judge Morse MorAe who sat satIn satin In the case caso In the tho place of Justice A jury Jun In the Third district court gave Lyon a verdict for damages In the total sian of oC for CM false lt fit time the hande of Mauss Macas and Drown Brown The Th defendants then appealed to time the sU t promo court and the tho appeal Is now duo missed Suit Suit for divorce huts has been benn Jed filed In Lie tho district curt by Letitia D Feed Freed against S B n B Freed on the grounds ot of desertion allure to support They Thay were marrIed sit nt Provo on July U 21 1897 and have two About a yeAr Igo ago Mr Mrs Freed alleges that h her r hue hu huband band Inc left her and went to Colorado where lie he nol now lives anti that lie hI Inas failed to support her SIne She that she he be Rhen giren the custody of the tho younger child and amid that the older on one be award awarded ed to her husband |
