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Show or erea annul its judgments, or. its judicial dis. 7.. ad decrees, as, inwith the la Md consistent .prion, i" ,u aVBDcuv "acu, erdef of court or operative of law. term of court is closed, the court orer its proceed- has bo further power be reaehed or can only Tbey or an revising court, appellate by in rare cases, impeached, by or perhaps, for fraud. bill in chancery, the counsel for the insisted by is It of contempt netitioner that this question to the order disobedience for on his part, the decreeing court, paying of 0f tbe to the plain-tif9 500 alimony pendente lite, Ann Eliza Young, made on the 26th has been passed upon of February, 1875, nd adjudicated by tbe ccurt in the decree of 10th of May, 1875, and that, the term of oourt having elapsed, tbe district court bad no power to Adify L dis-lurb- f! . that quesuon decree tbe granting alimony pendent lite and ordering its payment remained uncom-plie- d with, whenever, upon proper pre dictate it was pressed upon the consideration of the court. It is further urged defendant that the matters adjuby the dicated on te 10. h of May and those adjudicated by the court on the 29th oi October were not the same, bu different, and that the judgment of the court on the 10th of May did not preclude the court en tbe 29ih of October from adju dicating upon the matters then pasted upon by . , , part of the desendant it is 10th of of the order the May urged that was a mere interlocutory order, and one that raigbt be reviewed so long as the On If tbere were room for doubt as to the Sflehdid I John t Chipp raises big correctness of the conclusion, it is putto celery in bis garden on the bench. It rest by '.he reoord offered evidence by in is as good as it is big. White, juicy, both parties. In both motions the sound as hickory and parties are the sweet as a nut, same, and the subject matter is the same. brittle as glass. What more could be In both, the affidavits are made by the Baid in favor of tbe toothsome luxury? same person acting in the samecapacity, and the affidavits and motions are sub- Chipp has proven himself a master garstantially the same. Both charge a con- dener, and demonstrated the capability tempt 0f court C0D8:gting of s disobe- of Ogden soil to produce many variiies dience of the same order, and both seek a commitment of the defendant for such of the vegetable and floral kingdom. culcontempt. The judgment of the 10th of which it was thought impossible to Those who want ijr, iota, discharges tbe defendant tivate successfully. from the alleged disobein interview John should stuff contempt dience to tbe order of the 26th of Febru- good garden ary. 1875, requiring him to pay to the Chipp. plaintiff $9,500 alimony pendente M,ahd tbe judgment of the 29ih of October comStruck Bt Lightning. An evening mits him to prison for conteiript of oourt or two since, during a thunder storm in failing to pay the identical $9,500 lite.-... which was raging in this city, a oow alimony pendent It is not possible, legitimately and belonging to Mr. John Dee, at the cor logically, to come to any other conclu- ner of First and Franklin Streets, was sion than that the issue which was presented and passed upon by the court, on struck by the electric fluid, while quietly on the 10th of May, and the issue prestanding in the corral of her owner, and sented and passed upon by the court on killed. Pretty lute in the seathe 29th of October, were indentical, and instantly son such for accidents, we think, espethat the subject matter of both decisions ' ... was the sime. cially in a country where, as we have A motion is refused when the effect of heard said, lightning seldom does any the mo'ion moved for to vacate a fore closure sale would have been to review damage. a judgment on motion after the term, making the motion perform the office of Sidewalks. We called attention the an appeal Hartebern vt. Milwaukee liother day to a certain udewalk, where ft. Co., 23 Wis., 692. a few loads of gravel could be judiciousThe conclusion of the court is. that the judgment of the court of the 10th of ly spread for tbe benefit of pedestrians May, 1875, was final and conclusive We suppose that little notice must have upon the question of tbe right of the been read by some people in town, from plaintiff to a commitment of tbe defend ant Brigbam Young, for a contempt of tbe number of applications we have had court in failing to comply with the order to notice other places where (he walkof court of 26th of February, 1875, to so many, indeed, ing is not pay the plaintiff $9,500 alimony pendente that we cannot recall them all to our lite, and that, upon the adjournment of the term of court, it became ret admdi recollection at present; one, we think, is eata, beyond the power of the district on Fourth street, not far frera the Court court. From this it follows that tbe Houre. Another place, which is suporder of the district court of tbe 29th of to be dangerous for people who October, 1875. was coram non Judice and posed are "out, 0' nights," and traversing tbe voil, and t at the petitioner is wrong' fully imprisoned and should be dis sidewalks, is in the vicinity of the post charged. Salt Lake Herald. office. Of course at such a time as this we cannot expect first rate walking, and it. The order of the 10th of May Iwas an order in the cause, made after tiling of the bill, and before final decree, and in that view it was an interlocutory order, in the common acceptation of the term. . Interlocutory orders usually are mere orders in advancement of the cause and necessary in the preparatien of it for a final bearing and decree, but there are interlocutory orders which are final in tbeir character, and which settle rights as conclusively as the final judgment The order of the court of and decree. February 26th, 1875, settling the right of plaintiff to alimony pendente lite, and the amount of that alimony, was a judgment of the court upon both ef those questions, and was final and conclusive upon the district court after the adjournment of the term of court. The court had decided the 'question and given judgment, and what more could it do? Would From Friday' i Daily of tfov. 19. it be contended that it could decide the question and give judgment again? If sol when would the repetition end? It would give no additional force to its mandate Returned. C. W. Penrose, Esq., ed to render the same judgment a second itor of the Junction, returned to bis time or oftener; or if it rendered differ ent judgments at different times, in re- home in this city last evening after an ference to the same subject matter, the absence of a month, spent in the Bear question would then be, which was the River and Bear Lake country, whence judgment of the court? he has frequently spoken to his readers There cannot be a question, but that Mr. P. is in an order of tbe 26th 1875, through editorial letters. LOCAL ITEMS. first-clas- s; de not complain, neither do we understand our readers to do so, but there are some places needing repairs badly. , II caul Extracts. Sore The Weekly Tribune with White's decision. It has been denied that the commercial value of a cut and dried decision ,is free hash at tbe Townsend House. . The priesthood, who are daily defying the United States Government and its laws, now designate bira as "oui friend." Brlgham's health is very gooi', thank . On llv UllJ cconomi- Aw 4nv tn Af VVAjr lAtlJ XIX. as - any Thousand "Already," says the Herald, "four judges have rendered four different orders in this contempt case, and the eBd is not yet." This Utter truth our neighbor can bet kis bottom carrot on. The Mormon Church has enlisted the new Chief Justice in a fight that will tucker him out though he should encase his flanks in plate armor. vNrIT,!&; r If his actions did cot speak louder than words, the defence of White by tbe Mormon press before a word has been said about his decision, is enough to convince the publio where he stands. It this State elsewhere, Isn't necessary for Brighara's hirelings In replyin justifies to squeal so soon to many inquiries, any Senator Sargent, of California, is sid to have a silent partner by tbe name of kind of Western Coal can bo less Jacobs, to whom he passes all his dirty used for cooking: work. An old Californian says tbe difcost of wood ; and ference between Sargent and Judge our NEW largo Hues White's game is, the former always Low CHARTER with OAK, passes and the latter bets. A Brigbam Reservoir, strange proceeding. the Third Court District Young running by an Alabama dictator. . And Dumping: Grate, Neither Judge Lowe nor bs successor, INSURE AT ALL TDIES Ju'Ige White, assails the validity of the decree; but they both content themselves AIT EXCELLENT DRAFT, with splitting hairs to screen the arro-caQUICZ & UZnFOBtf BAZNff, offender from the punishment that i his due. AIH) PERFECT OPERATION, What follows next is sheer beyond AT A SMALL EXPENSE , the reach ef common sense, and must FOS LABOR AND FUEL. have escaped from bis Honor's pen while be was doxing over his midnight labors. As we understand ths undecipherable nonsense, a charge of contempt of court does not involve tbe main of tbe suit. Salt Lake Tribune, 20th Nov. In and stating that us at half the the - than that in the HEAVY FIRE PLATES, ; nt : SOLD BY Ogdcu, Utah. iue Correspondence. ; Citt, Ogden Nov. ' , 18th, 1875. ' ?, GEO. A. LOWE re-tu- rn GENERAL AGENT IN 1 and Utah, Idaho, Montana Nevada for x February, settling rights, consummat- fine health, and returns in good spirits. proposed, closing the con- and will place himself upon the tripod troversy, as to the subject matter and at an early moment, when the readers of that, so far as the district court was the Jvnotioh will hear from him, as of concerned, it was final and conclusive. That the order of the 10th of May is yore. Dot equally clear as a final order grows rather eut of the indefiniteneBs of tbe Beaver Enterprise. We learn from enbject matter than any inherent uncerLake Herald, that Mr. Field, tainty er want of binding force in the the Salt order. I the; present proprietor .of the Beaver The rqle to show cause why an attachEnterprise, baa purchased a Hoe railment should not issue, and why the and purposes to enlarge his should not be committed for a road press, a healthy contempt, for disobedience of the order paper, which is at present in of court, is the mode provided bylaw to condition. As the southern portion of the court, for the enforcement of its de- Utah is growing in wealth and importcree. The decree could not be enforced the want of a larger paper than by execution, because tbe case was in ance, fieri, and no execution could issue until the present Enterprise is supposed to be final judgment .But the law, in. providrequired te represent the business and ing this extreme and summary mode is supply the wants of that growing enforcing obedience to the mandate of the court, gives the defendant an oppor- country. Te heartily wish the Enterprise a full tunity to show cause why the motion prayed for should not be granted, and realization of the fondest hopes of its an issue is made up and open to the court for its derision, plucky proprietor. presented and the judgment of the court on the issue thus presented has tbe binding Saturday' t Daily 0 2iTov. 20 ferce and conclusiveness of any other ' judgment; The court tries the issue, determines the facts, applies the law and Tm New Posthaste. Ws arc in renders judgment. ; The charge which is alleged usually formed that Mr. N. J. Sharp, recently in such eases is that tbe defendant had Postmaster at Ogden, expects been guilty of contempt of court. This appointed Monis the only issuable matter presented to take possession ef tbe offioe next The issuance of an attachment or com- day, also that he has employed Mr. C. mitment, for a contempt is & summary H. Moore, of Salt Lake, U act as a clerk dtde of punishment adopted by the in the office.. ' court for the contempt, and as tbe means employed for the enforcement of its interlocutory decree. They do not in any Clearing Up. Indications this fore sense or degree constitute or enter into the issue which is tried by the court noon were favorable for a change from upon a rule to. the defendant Jo shew the rains and snows of the past few cause why an attachment ' should not to clear and pleasant weataer, ou issue, or wby be should not be commit days, how it will turn out we oannot positively tti for contempt. ' If in such a case tbe defendant shows assert everything is so uncertain in good cause, then tbe judgment of the this country. ' court is that he be diBOharged, and in language of the old books, that he go hence without day; if be fail to shew To Rixt. Who wants to rent & nice, cause, then the judgment of the oourt is bouse ? F. S. Rich that he be attached or committed, as to pleasant dwelling HELD TOR POSTAGE. the court seems meet, until he comply ards, Esq., being about to remove to & 6e with the order of the court, or otherwise other premises, will let bis present John Millison, Salt Lake City. J. K. Wellsnowe, Nashua, N. II. purge himself of the contempt. abode t a good tenant. See advertiseIn this view of the question it will be Wholesale ' and Commission 49 To obtain ny of the letters, the&tapplicant ment. This house, from its contiguity of the taunt Mk for "dTertlwd letters," readily seen that the issue which was loca-tlo- n Dealers in Preduce. makes it a desirable and pay one cent for advertising. presented to and determined by tbe to tbe depot, ppr will not called for witbla ors court on tbe 10th day of May, 1876, and for any person having business at beIftest to the Dead Letter Office. moith, they PROMPT ATTENTION PAID TO CONthe issue which was presented to and deof the railroads, or in the J. SIGNMENTS. either IIall, with or termined by the court on the 29th day of PostsnsUr. 714m the ef main city. part October, 1875, was the same. . was an order ing the end Is successfully and , 1 beg to express surprise, and to apour to you as tbe most omnisoient source ply from the regions of the north we for explanation,' as te why a respeotable are pleased to notice many improvements community living within from twenty miles from this plaee. which have taken place in this city. eight to thirty-sithousands of in is annually the and, them producing Prominent among change tons of ties, sc., lumber, shingles, grain, the appearance and arrangement of Z. for this market, should content tbem Paint on the selves year after year to travel ten to C. M. I. Ogden Branch. outside makes it look like a new house, twenty mi:es around with wagons, or and the systematic division of the various fifty miles around by oars to bring these t articles hither. departments inside, commend themselves Their grain at home is worth from to eyes that delight in order, and speak five to fitteen cents per bushel less than ' forcibly of the business tact of Supt. the aotual distanoe from market reloss annually in this item We note also with quires, their Robert Watson. alone amounting to thousanns of dollars, pleasure that goods are marked down to and their heavier products shut out bed rook figures, showing that the man- from commercial value altogether.. In wby do we not have a road agement are determined to keep pace other words, over North Ogden mountnorth leading with tbe times, and command the great and the next summit to the over ain, bulk of the trade, wholesale and retail, settlements in the south end and east o( Northern Utah. Country dealers may side of Cache Valley, saving to Paradise setbe assured that at Z. C. M. I , Ogden twenty miles distance, and to other tlements according to tbeir location? A Branch, they will meet with courtesy road that would bring ties and lumber and affability, as well as square dealing direct,-thaare cut from twenty to thirty miles and distant, instead of sending it nine and genuine goods at living price, to reach this point. Traveling miles retail customers will find all the above ty direct route I hare been struck with the and from tbe new the ' recommendations, mentioned, surprise berein-befor- e classification of the business, can readily and find herein a 'ready explanation of the poverty of people owning and culti find the particular department containvating excellent; farms, surrounded by ing the articles they wish to purchase, stock ranges, and near to splendid the whole establishment , looks clean, abundance, of timber, naying annually and we thousands of dollars in money unnecesorderly, light and business-lik' aid absolutely congratulate the manager on tbeimprov-siat- s sarily to the railroad, thousands more, rather annually losing be bas inaugurated. than expend. In labor, about one thousand on their portion of the road. And this county spends thousands of dollars LIST OF LETTERS annually, in roundabout traveling in THIS POST this northern direction after firewood, UNCLAIMED IN REMAINING Territory of Uuh.ontbe posts, lumber, &o., rather than com2otb of Not, 1876, which, ii not cUd for witbin plete a road over the aforesaid mountoat month will t it to the ' hrt ain, which might cost one thousand in Uur Office: labor. As your circulation is quite exLADII3' LIST, tensive in . this northern country, perAnderson Miss A Darnm Mrs M A haps you might enlighten your corres. , " Damon Mrs M Brace Miss Ida pondent. V i 8vFI81. Coxens Miss M A Hubbhiol Miss M . ' Peterson Miss L Mrs Clark I coal J never find that I learned GISTS' LIST. so much of a woman's real char half Adams R Kennedy H G acter by dancing with her at by conMoor I Brant A versing with her at home, where I Clair B W OverleyF W could observe her behavior al the taJ Pynohnr CaryW DenelC F 8pence J ble, at the fireside, aBd in all the trySorenson II ' Davis J ing circumstances of domestic life. Shaw T Erney A We are all good when we are pleased, Sheridan D Ooddard 0 0 she ia the good woman woo wants but B Hales T P Taylor A Cow-pe- r. A. W3 a fiddle to sweeten her not Hutchinson 0 Whitney N W Kinney Great Improvement. THAT ALL KINDS OF COAL you. The medicines now compounded at the Third District Court appear to strengthen him up. Ebitor Junction: A II III II . PETER SOHUTTLER'S , t . bit-answ- e, ( t , ; ; ( .!!): ,;,.,... . CELEBRATED f BUCKEYE .,... REAPERS SWEEPSTAKES THBESHERS Furst it lirudley Hay Hakes, 1 1 PIjOWO ttoc. A' Pull Stssk of Wagon Woods, ANI , , . , WAGON MATERIAL,; BLAlilW 10L8 -- :,. Always on '!' ; i knL mew: J i AND MOWERS, Salt Lake City & Corinne, , UTAH. , BERGMANN UAMMOKI CO. Ageat k tfcs Wt ia OGDEN and LOGAN 2MOa |