| OCR Text |
Show Fcrials. Ir.i.r bJ P ji U. ; University nf Uth Fait LkeCity, L WESTERN AMERICANA t 112 SALT LAKE CITY, UTAH VQLUME 17, NUMBER 72 inois High Court Voids Abortion Law Utah Supreme Court Decision LIMITED PARTNERSHIP CANNOT RELITIGATE ownership claimed in condominium EMPIRE INVESTMENT CORP. AND ASSOCIATES a limited partnership, Plaintiff and SPRINGFIELD (UPI)-T- he Illinois Supreme Court, following Supreme Court guidelines, declared Illinois abortion statutes unconstitutional, The court ruled on- a case involving two Chicago physicians accused of illegally performing abortions. One physician, Dr. Edward J. Mirmelli, had been convicted in Cook County Circuit Court U.S. Appellant v. - NEILSON CONST. CO., A.P. NEILSON CONST. CO., SKIVATION, INC., AND EDELWEISS HAUS CONDOMINIUM PROJECT, by and Through its Management Committee, Defendants and Respondents Trial Court : Plaintiff complaint dismissed. "A contributor. Supreme Court : Affirmed. . . statute provides unless he is a general partner, is not a proper party to proceedings by or against a part nership. . ." Plaintiff counsel: Mrayton, Lwi& Hurley. 1011 Walker Hank Hldg.. John W. Lowe Defendant counsel: Kipp & Christian. Carmen K. Kipp. 520 Most on Hldg. See details page 4. ATTORNEY GENERAL OPINIONS Former Legislators FOUR YEARS OF SERVICE TO QUAUFY FOR PENSION See details page 3. SAN FRANCISCO (UPI) Twice, recently, fastidious janitors in the Hall of Justice here have upset prosecutors and defense attorneys in appeal in the case, Earlier in the week a janitor threw away some items of evidence in the murder-kidna- p trial of convict murder cases. Ruchell Magee. His attorneys asked The janitors threw out evidence in for a mistrial, but the motion was two trials. denied because the items were The second incident was disclosed, recovered. March 30, in the trial of Cecil Lee, 22, i charged with murdering Dennis LiCai Dncis Neal, 27, last January 2. Court officials said a frying pan and pieces o'f broken glass were thrown in a garbage chute and WHAT HAPPENED? carted off to a Mountain View dump. Vuncv, a blue collar laborer, was a The pan, they said, was alleged to man. and have been used by Neal to fend off a and Vance One Friday afternoon. knife attack by Lee. some cohorts from the construction Despite the loss of the items a jury project descended on Charlie's Ta ern convicted Lee. for some liquid refreshment. After However, Asst. Dist. Atty. Pierre playing every tune on the jukeliox at Merle said he would subpoena the least twice and spending a great por- janitor in the event there was an u.a. supreme cuuii ruling which- -- - legalized abortions during the first v three months of a pregnancy. The state Supreme Court, March 20, in effect put Illinois courts in compliance with the federal order and reaffirmed the unconstitionality of Illinois abortion laws. In dropping the charges against both doctors, the court ruled that federal court judge sitting in under the U.S. Supreme Court ruling, Chicago signed an order- putting states cannot legally prohibit Illinois law in compliance with a abortions performed by duly licensed physicians during the first trimester of a pregnancy. Illinois statutes declare abortions O'1 illegal and punishable by up to 107;. years in prism unless they are 7 , performed to save a mothers life., But the court ruled the law is toe r.v nei-orates." vague because it makes He said the legislation would tend distinction as to the stage A i 't. to "undercut the independent pregnancy" when an abortion can be ' position" of the Postal Kate Com- - performed. The court also ruled that ; V mission because it would cause the Illinois law violates the mother mailers to go to Congress when they rights to due process under the 14th are not satisfied Amendment to the U.S. Constitution - -- f WASHINGTON (UPIl-Postma- ster General Elmer T. Klassen warned Tuesday that if Second Class postal rates for magazines and newspapers are not raised other mail users or taxpayers will have to make up the difference. Klassen went before the Senate . Post Office Committee to defend the Postal Service's proposal to increase magazine and newspaper mailing rates. He said publishers do not pay the costs of delivering their "There is no justification for imposing on the taxpayers still further subsidies of this kind." Cases while a similar case involving Dr. Harry Frey, was thrown out of the lower court. Both cases were appealed to the Illinois Supreme Court which combined the cases under one ruling. Legal prohibitions on abortions were lifted on March 1, when a Second Class Mail Hikes Said Vital publications. Janitors Throw Out Evidence In Two MONDAY, APRIL 16. 1973 TITLE TIPS Prepared by the Legal Staff of Title Insurance and Trust Company m Prepared by the Legal Staff of TITLE INSURANCE AND TRUST COMPANY Klassen said. Congress is considering legislation DEEDS IN LIEU OF that would reduce postage for FORECLOSURE and Klassen newspapers. magazines said one of the reasons the Postal By William E. Barbour inSenior Associate Counsel Service was reorganized as an The trust deed is in default and dependent public corporation nearly two years was "to remove Congress you are about to advise the from the business of setting postal beneficiary regarding alternatives to the exercise of the power of sale. Perhaps the owner of the property would give a deed in lieu of foreclosure. Are there advantages? Are there problems? A deed in lieu may be just the thing for your client; or, there may be facts not discussed (ion of his paycheck on hnurhon and here which may make its use of water, Vance was about ready to call it questionable value. Each case a night presents a distinctive problem "I ley Charlie, lemmee have one for which should be given individual t he road." he ordered. attention. Drunk Sues Bartender hard-workin- g hard-drinkin- g SUPREME COURT OF THE UNITED STATES Syllabus TEXAS v. LOUISIANA ON BILL OF COMPLAINT Argued December 11, 1972 Divided March 20, 1973 Xo. 36, Orig. . "Cool it Charlie Vance." said. "Don't you think you've had enough?" "Come on. just one more, and make it a double." So Charlie served one last drink and Vance stumbled to his car. A few miles down the road, the car weaved off the highway and into a tree and Vance suffered several broken hones. "I'm suing Charlie." he said from his hospital lied, "lie knew I was drunk and should never have served me that last drink." "Vance has no one to blame but himself." Charlie's lawyer told the judge. "He contributed to his own harm Involuntarily getting drunk, so Charlie can't lie held liable even if he was negligent in serving him. The Sjieeial Master's Report, to the extent that it recommends that the relevant Isnindary tot ween Texas and Louisiana bo the geographic middle of Sabine Pass, Lake, and River (collectively Sabine) and not the west hank or iho middle of the main channel and that all islands in the east half of the Sabine when Louisiana was admitted as a State in 1M2. or thereafter formed, should lie awanled to Louisiana, is adopted; decision on the Report with reflect to islands in the west half of the Sabine existing in 1M2 or thereafter formed, is deferred pending further proceedings, in which the I'niiod States is invited to participate, and which the Special Master is to conduct, lp. 1 2-- 12. Wit itk. .1.. delivered the opinion of the Court, in which Brnm-at( ,1.. and Bhknxax. Stkwht. Marsh am., Blackmix, Powki.i., and IlKHNut i'T. .1.1.. joined. Doiiu.as. ,1.. filed a dissenting opinion. . WHO WON? Vance's Hirers. hospital bills are on the house. 'Charlie, the bartender, has to pay for negligently causing Vance's injuries hv serving him liquor after he became intoxicated. "A state law makes it a crime to sell liquor to intoxicated persons." said the judge. "The law protects drinkers from their own misconduct by placing responsibility for their care on the bartender. Therefore, if the bartender serhe may ves a customer one-- t have In pay for t he consequences." Based on a recent federal court case in laska as retold by .John Ritter and I'aul Levine of the University of Miami School of Law. I f The immediate advantage is that the time and expense of a foreclosure is avoided. Problems arise from the fact that die beneficiary will become just an ordinary purchaser of property, using the debt owed him as some or all of the consideration for purchase. As a buyer, your clients title will be subject to whatever liens, charges and encumbrances exist as of the date of sale. Because you cannot cut off matters junior to the deed of trust without a judicial or power of sale foreclosure, your client must determine the current state of title prior to taking a deed in lieu. It is therefore advisable to obtain a preliminary title report and to bargain tar a policy of insurance, A dangerous but prevalent practice agreements, oral or written, or other than this deed between grantor. and grantee., with respect to said land. if a monetary consideration is being given in addition to the ' satisfaction of the indebtedness secured by the encumbrance, the, ' ' amount received by the grantor :v should be set forth in the deed. r r (Deeds given by grantors nqK personally liable for the payment of the indebtedness secured by th ' ' encumbrance:) this-, that "Grantor., declare., conveyance is freely and fairly, made, grantor., having sold said land to grantee. for a consideration! equal to the fair value of grantor, interest in said land; and gran-- ; tor., further declare., that therp are no agreements, oral or written, other than this deed between., ; grantor., and grantee., witlj respect to said land." . -- . . 41 be escrow holder, a delivery to you should be expressly as an escrow holder and not as a mere agent of grantee. Finally, it will be necessary to clear from the title the effect of the deed of trust. Ibis normally takes two steps. The first is to reconvey the deed of trust. To accomplish this . f . jr-- i |
