| Show DININNY CONfESSES INABILITY 1 TU TO HANDLE CITY S LEGAL WORl V. V C Candidate fol for Attorney Admits Mistake a and act d Neglect After Sleeping o on His Rights of of Appeal Since r Early Last Spring g. g IIAMAE SUIT LOST THROUGH NEGLIGENCE I City loses Money land Chance of Reversal Before Supreme Court Affidavit of Out our Facts in iii i l Noted Noted Case Casc I II e eI I I In a n. written confession conCession Hied before Judge e Morris L. L Ritchie in iii th Third District court Thursday Harper Harpel iJ J. J assistant city attorney ad admits nil all nuts mils his iiIi utter Incapability to tn nil JIll time the of or cH city attorney for or which he heIs heIs heis Is a can candidate date on the ticket et The confession which comes conIeS In the shape oC or an also alio criticises Ogden lilIes Hiles city attorney for Cor not at attendIng attending at- at t- t tending to business I In his of or wc Mr 11 says that he made a J mistake b but t that iti his neglect was wis LS excusable and arid h he lays a- a athe the burden of the blame for foi hi Is ii upon pon James son an attorney for Cor a 3 client who brou brought ht a u damage suit Huit against the cli city The Tue city has lo lost t a 3 bun bundle le of or money mOne anti and a chance chanc of getting it It case before before lefore be be- le- le fore the Supreme court because Din Din- Inn slept on his rI right h Now that th tb time Ume for tUl filing a bill Ul of ur exceptions lirt hUff has long Ions since lap lapsed ed comes Into Irlo court and begs bes that he h ho bo given a a. hearing bearing on the grounds that tha he nun has been so b busy with private ale practice and city legal work that thal he has not lOt had hall time lime to attend to lo this particular su suit It j Sues Sue fo for Or In n February of or this year George go L L. sued the time city fur for or damages damage through his attorney James Inge ingebret- ingebret semi J und and obtained u n. nt a against I tIme the ell city for Cor 1445 H Mr Ir Dininny tailed to file fUu tho the bill ii of or ex exceptions on which to go to th the court within th the time line proscribed prescribed t by law In Iii hIs wild effort to tn get tho the cast ba back I on the tho rOLL to tu the tile ou t t. t t r DI several hI II IId i d l' l ld d. d IV blam 5 te bU tr tl nf 1 ud r u. u U- U o u Jn li that ho io r fUs w Ui tip I alIgn sigi a a. certain stipulation Mr Ir Dininny calls tl tim courts court's attention atten ion tion to the time tact fuel unit that he i l Js the assistant oily city attorney lie He com corn of or th timi work wOI-k of ot the tilt Rl nays the council l fps s him on the jump that he lie did tIlt not get a vacation last Iut summer and amid that when the stenographer Or left leCt on her Ac vacation Uon th tb work of th lh om was wai greatly Increased Ogden HH HII went aWRY away and thon came ba back J when he lie came cante back he had to look lItter fter the Progress suit I. I against t th the thie dIy city y y also alao kept pt a book bonk In iii the office of the tle I eft city aU attorney orne In lii which was wat noted things about trials in which the city 10 Is Interested Mr Ir failed to write a line about th the lime Herndon suit Rull In the memorandum book nut Hut what Is the U H of or telling about everything that to is in the Ule confession Hero HOf u It is Js In lii the form of Jf u own J s 's Confession H un 11 J J. being dul duly sworn says sars that he lie I is assistant ri lant city attorney 3 of or Salt Lake City and as one of ot the tho attorneys tI for the defendant in tn the above entitled action anti and haK has had w solo Ole Io charge of or this cause since the trial th thereof That a motion for fOl or a Ii anew anew new trial was made matte in this action and andU U upon the argument of or tho the same samo a transcript of the evidence t was used by counsel 1 for or both plaintiff timid and nd defendant defend defend- ant the ho same sam comprising a II portion of the lne proposed bill lull of oC e exceptions which consists o of ol a copy of or thy tiu reporters reporter's notes no tea of or time the trial That the lie said motion for fot 01 a a new trial was denied May 21 21 1 1901 1907 and amid an on the same mc lay day the attorney for tor the served upon defendant notice no no- notice tice Uce of ut such uch decision That on July H 15 1 lt 07 defendant served upon the tho attorney uH for tur the pl plaintiff the proposed bill hili or exceptions of-exceptions in this timis action at same time asking asking- him If Ie he lie had no mo amendments to propose e. e to sign the stipulation I on tho back thereof which is as at follows It Is 18 hereby stipulated t by the time nuys nuye for th the respective parties to tills this action that the foregoing bill of or e exceptions lion may be bo settled allowed alJo anti and signed I and nied as na the tJ bill of or Inthis In Inthis this C ea case SC and aud t that at the exhibits therein there in iii referred to may bo be used upon ulon the ar argument ot or this cause In time the court with the same forde orce ore and effect as as' as though time they were Included In this bill of or exceptions Dated June l 1907 J And nd deponent would woul have settled and filed mc It Neer ht I Jill nm Salt Said attorney then to told III deponent that thal he be Would v look the time proposed bill ill over ever and anti If he lie had no rio amendment to to propose make the stipulation tilt return return re re- VC- VC turn turi the proposed bill to the deponent That Tl soon after the time lime aforesaid de deponent deponent tie tie- called at the tho ofie of ot said Ml at attorney attorney at- at torney for Cor or the bill o of or exceptions and was as Informed by y too tie clerk of lIr said aid at attorney attorney attorney at- at torney that he lie was out of or town and that she ho said clerk did dill not know anything anything any any- thing thinK about It Some SCale time lime afterward deponent met mel saul said attorney fur for or plain- plain tnt lift lifton on tho the street street- and spoke about time Hie said will bill and was told by br said attorney nc lie ney that he had hall no nu amendments to propose and amid that ho had made a stipulation stipulation lation and s when he was us coming down clown to to th the Joint would bring Jt It with him Said at attorney attorney at- at torney y I cr brought said ald bill of or exceptions ex cx- to lo deponent t nent and on un Satur Satur- day October 19 10 19 1 1007 1907 fJ j deponent went to lit plaintiffs attorneys attorney's for said auld proposed t bill and anti hf when lien n aid attorney attorney at nt t torney handed haude the same fame tl to tim him he I discovered the only stipulation suld attorney had signed waft waK on un the front frunt page c or UI cover coven of Ir f said tl bIll Lin which wh reads Vt follows s Also AlKo attorneys attorney for plaintiff l avo no ito lin to propose IU I iRr c tIL k 1 l' l refer r r to i jt I r if-r fr I I. I fJ II i m. m ti i. I 0 os 1 n rs to m Q lp r the stipulation at the end of or u an i Id bill nn and T asked him then thon to It ll as as ho hat had u agreed but lio r refused Cured to do II lit I That Thai Iho ho deponent had butt no nu Idea hl a of Ut f thought though until stile Bulu time that said ld attorney at tit torney hail hud not miot II signed the stipulation at the th end n of or wild Mid iId bill or ci- that he would repudiate hi his agreement agi to do tic o of so o that In lii deponents deponent's experience sixteen y years ars practicing law Jaw In Jn this ell cIty im if line has signed man many stipulations like the on one t 1 et t time the end jf It said bill I and he has had ninny many signed I ned by opposing op up- po posing counsel and ami r before has hale I deponent known of gC an attorney reI refusing re re- re- re I fusing u ln to tl one oi or to repudiate hi his verbs verbal agreement lo io do so In fact tact ItIs ItIs It U Uis is customary among lawyers s at thIs bar bal to 10 make such a a. stipulation wh when proposed d to 10 toa no nu amendments we ale to be a a. I bill and It Is 18 considered among law lavy- cr j at this bur bar a proper and courte courte- I pu OUI itS to do That the ninety fliflet da days in which time the law requires that said bill of or e exceptions cep should Mould be prepared settled Si signed sign sign- D. D ed Sd and amid filed lile EL expired o on the of 1907 1901 an and deponents deponent's failure t to Ld get said propos proposed d bill of e exceptions from plaintiffs plaintiff's aU att and have the same name settled si 81 nd filed within the time law was owing to the dep im's ims ts t's mistake Inadvertence lna ert once ence and excusable neglect an as a hereinbefore herein before and anti hereinafter 1 set out MIS- MIS U take Lake in relying dying upon the time agreement of said plaintiffs l attorney to sign said stipulation anti and return said a proposed c cI I bill to deponent Works Work Da Day anti anil XI Night ht Deponent further aa says that in addition ad all to being bolm a assistant city attorney as ElS Ls above stated lw he Is Is an and for man many j ears ear ea has been engaged In the tIme general practice of or law lav that the bu business oi ol the time city attorneys attorney's und and n his private rate ate business during the time last laet six LC months have occupied every moment of ot h Ills l time In business hours and largely lars other than business hours that thIs his duties as ali such assistant city attorney L the meetIngs meet meet- ne ney requires him to attend Ings of nf the CH city council coun and also the meetings Of or the committees of ot t said Mild c council at an any time tinie they the may JOa be called call ed consult with tho time members of the tIme elt city council counci pus pas upon many questions of or law submitted to the tIme city attorneys attorney's attorneys attorney's ney's nays b by said council Its com corn stat and members and the several departments of the tIme cit city advise tho the heads of departments of ot the time city draw ordinances t for Cor levying taxes and arid other ordinances investigate claims ninth mad against the tho city prepare pleadings in inmany many ny caws cases aUen attend settings of or eases cases look up imp witnesses when a a. cause is to tobe tobe tobe be tried by tho tIme deponent ROll anti try causes cause and gen generally rall to have charge of or tho Ito office of or city attorney IC- IC and keep a memoranda oC or the time times when ac action ac ac- lion tion Is to be taken In all cases Lt In said office that said duties 8 r require a vast of ot time timo on th the part of or deponent depo lepo- nent that the duties during durn the last six nix months mouths were so exacting that deponent depo depo- nent rient was obliged to remain in In the city during the summer an and Hot not take tako un any vacation mention that front from August 6 to 15 HI the stenographer steno r In tho ho office of lC f tho the said city attorney was out of the time elt city and work of or deponent was greatly In Increased In- In creased by her absence Some More loie of or time the Troubles Also Ahlo that dur during n tho the months of or orl slay May l June Jut July August September and tad October many many claims were filed against the tine city ell und and suits stilts filed b by It all til of which hull hud to be Investigated passed on an and pleadings drawn lawn b by deponent de do- which limo the time deponent depo depo- during durin nent was engaged ed a portion of or the time time timen I In n obtaining evidence in a vcr very mery Important Import Import- tilt ant water case In which the city Is a for tor trial party ty and und In lii the lie preparation of r two of or his individual cases casos and one for fOI Or the time city arid and also a brief brIer pending in U a case pen pending in tho timo supreme court courtot of ot f time the st state tc that during Ma May an and Juno deponent was vas vel very bUb busy also abo In draw draw- Continued on Itu ruse T Thu 0 J t l' l I CONFESSES INABILITY TO HANDLE WORK I Continued tl r- r from Page One Ing InS ordinances to comply with the law pa passed cd b by the legislature in regard artI to I fn levying special taxes for Improvement Improvements Improve Improve- ments ment that Ju Judge Judg ge hues Hiles the city at attorney attorney at- at torney of this elt city went east easl on the 3rd tIa day of September and did not re return return return re- re I turn to lo the city until the tho day of I Ithe the same month during all of which time the work of the lie devolved c upon tile the deponent that on the da day of or his return Jud Judge e lilies Hiles entered upon the trial of what i is hs known as the Progress s case pending before Judge Morse e which case has since said time been and is now hOV on trial that since the return of or the city attorney he has been so 80 busily engaged In said cause that lint all the other work of said o has devolved tIe upon the deponent durIng dur dur- Ing Ing- which time deponent has prepared and tried ried one ca case cane e In the tho city court coun and one In fn the district court before i Judge Lewis besides the lie regular duI du- du I I tics of said office Said case In tho the thoi i district court required a a. long time in j preparation being a suit Milt for fOl damages for tor changing the grade STade of or a street Deponent further says HUS that during the lie months of June Jul July August August Au Au- gust September and October the duties duties duties du du- du- du ties of ol tho the office of assistant city attorney altor- altor no ney have lu been so 80 exacting and arduous that thal he lie has hils not nOl not In business hours except except ex ox- on Saturday afternoons been able to spend an hour a day lay In his private private vate office oce That in Ill the of or tho lIw city attorney nc hey ney is kept a memorandum bool book of what action is to lo be taken in tho the cases in said office in which union book bool entries are ate made b by the city attorney and antI b by deponent that lint when said proposed bill of exceptions was wal served ser upon plaintiffs plaintiff's plaintiffs plaintiff's plaintiffs plaintiff's plain plain- tiffs tiff's attorney as afore aforesaid ald deponent to enter In said saltI book the date when said bills must be set settled lied served and filed that deponent knew lene that said bill must be settled e served and filed flied within 90 days after the notice of or decision lon of or the motion for fot a new trial had been given gl but owing to there being no memorandum In said look book and the multitude of or the duties S I devolving de upon the tho deponent as herein set out he had hatI no Idea that the lie time lime In which the same was required to be bedone bedone bedone done had hatI expired until on said saltI October Octo Octo- bee ber 19 19 1907 when he called upon the plaintiffs plaintiff's attorney as aforesaid that It never has been the Intention of ot Hi th Ii's deponent to let this his case go goo b by tIc default aul and he believes that the lie proposed ed appeal appeal ap peal in this case has merit an 1 that the lie contentions of the tue defendant will prevail pre In the supreme court That the defendants defendant's time to appeal from flom the thc Judgment ment in the thc case cae docs does not expire ex cx- pire until X Nt n nb r 21 ZI 1907 a J 1 J Jy by bythe y the dela delay of or tl ie defendant Ir in liling filing the bill of or exceptions the plaintiff has lOst no and will suffer no nl injury in jury itty by hy th th- hi 1 Ig of this motoi Wherefore deponent and antI the he de defendant defendant de- de c- c In this his action asks that the proposed bill o 0 f exceptions herewith lI nevi d be settled and anti signed as the theli li t i rf ji f exceptions j Ji it this tills cause t HilI 11 lint hat defendant have leave |
