Show I MUST 1ST SUIT i OR PAY Oln BILl fH Supreme Court Holds With James A. A Luke Against Israel Bennion I ALLOWED CASE TO TOx DRAG x 7 Collector Corrector Wants Said to 10 Be Due on or Mrs Vandy- Vandy barkers barker s. s Note 1 I Ii 4 IJ i I Th Tho Th o s Court tJ Handed cd c down downan 1 own I rF- rF an r opinion l yesterday afternoon In in the suit Luke brought b by James A. against Israel administrator of or the of Margaret Yan Vandy- Vandy barker barl Tho opinion written b by Justice and concurred In b by 1 associates reverses ro tho the findings Jf dC tha lower court which held o. o against k- k Luke Lulo the ground that the statute Of cit r barred baITed his suit on account against tho estateS estate Tho mc record hows s 's November 7 1691 1891 M. M r. r McCoy took took- tho noto note o oi o. Margaret for t 10 c and and November 4 I. McCo McCoa r a a- a f d the note to Luke LIlke LukL Luke Luk r 4 L at commenced action in a a. jus- jus He court and summons was I issued J i but bt not s served r cl Tho The case dragged I Ii 10 along along- until September 1901 HlO L when L a claim to Bennion Luke rine presented the t t- t Mrs having died ed In the tho meantime meantime- The Time claim was rejected and anO Luke Juke brou brought ht suit stilt In tho tim district court D l' l JO 10 1004 1904 the same day tJaY he ho id the tho action In the 1 justice court The higher court held tI that lt the tho statute of or limitations had run ruti out although finding for Cor Luke on n n. n other oWer point Luke then ap ap- J pealed t Ic The opinion holds that lint the action 2 j- j In the Justice court was dismissed se 1 than on Its merits merit and ln hat j- j i nan dl district t court erred in finding for tor torr r tho defendant on the ground of or the statute statUe of or limitation The Tho case caso therefore there there- fore foro r remanded to the tho lower court for tor trial and tUo tUe co costs ts taxed ru Luke c. c the tho nl appellant |