| Show TWO OPINIONS HANDED BANDED DOWN Tho The supreme court this morning handed down loWI nn aim ni opinion reversing tha th Judgment of or tho lower lowet court and amid re reo remanding manding for tor a now le trial tho thio case came c e ot or the UIO state vs s Webster Greene Th t opinion Is II by h Chief Chief Justice Ju leo Mccarty Is IH concurred In by y Justice Jutco l K also 1150 concurs but adds somewhat to tho tile opinion written by hj bythe the tho thu chief justice Tho rho evidence In II the caSe caso shows that Greene was 1 convicted C of ot n a a statutory offense of with ono one Madge Moray Morcy orey U it I be beIng le leInS being Ing InS alleged that ho ut at tL tho time time was WIS a married marle man maim mal representing one Grace GraceD GICQ D IX Greene 0 0 as lS his wife wile The Th state stalo was unable to provo prove by b documentary evi evidence dence or witnesses that said sad Grace D Greene wa was vas tho tIle wife lo of oS defendant but tho the trial Justice admitted evidence tend tendIng tendIng Ing to show how that Greene Grone had hold held out ot saul sal Grace D for fot years U and all yours as US his hla wHy and nail that tho two haU hll transferring property us lS man mUI anti and wife and that that tho time presumption was wn they thoy were mar married ried The Tho trial justice stated his opinion to tho the Jury jur as 19 to tv tho weight and Ild effect ett ettar of ar the evidence submitted and ad In Instructed tho the Jury accordingly The Tha court COUt opinion holds this was wn done lano In 11 error saying Wo Yo know mow ot of no rule rulo of ot 01 law which permits a 0 1 Judge to express his opinion in lit II tho presence of oC the tIme Jury jur as a to the weight el ht of evidence on VII a a question queston of ot fact but time the authorities hold that so 50 to do 14 Ji j jan nn an error LOWER LOWEll COURT COUt SUSTAINED Another opinion by Justice Jutco concurred In by h tim tho other two Justices affirms tho the judgment of tho tIme lower ioner court awarding Judgment on a mm contract Time The title tilo of the time cause causo Is IR John Irye respond out omIt onto vs s Perry and tim tho Perry Kaulu h Co Ca appellants The Time con room contract contract tract between the timo parties partes Involved the digging dl of or a IL well wel on tho the premises es of ot tho the Consolidated Mining Smelting company In but II Parleys canyon Frye ro agreeing to dig tho well and uld se cc secure f cure water for tor or a IL consideration of ol 2 In cast case cas of or success In obtaining tIme tl we Wa Water weter ia ter It I was agreed according to the Iha evidence that In rouse ease IUS hard formation should hould bo ho encountered that a ii n reason reasonable ablo able compensation in addition to 10 tho Iho should bo be b paid by h and nM andon andon on this th understanding Pry 11 continued with the time well wol A depth of vr SO feet was WIS attained and und a supply of wa we water water ter tar was secured for the tho purposes or of but lut he lie refused to to pay more mor than tItan 71 Time Tho ho testimony Is L and found hi lU favor of Sf Pryo Frye the Judg Judgment Judgment ment for lell |
