| Show MARTIN MUST MOST PAY PAYi PAYi i FOR CONTEMPT i l Court Backs J Supreme Judge Morse in Order Against Attorney r THREE OPINIONS ARE FILED 1 Justice Frick Hands Down De- De All Concurred in inI I by Colleagues i Justice Frick Prick of oC the he Supreme court JV yesterday flied three opinions th the other j j justices concurring The Judgment of or V tho the lower court was affirmed In the 3 1 case caso of ot th the Furniture com com- V b pan pany against P P. A. A appellant rr r Tho The suit ns ivas originally brought for a i balance due on a n lot of furniture and anda n. n verdict given Riven Ji cn for tor 1293 It was wa wat t claimed that th the tho furniture had been c r damaged In transit and wa was wal 1 5 tendered Y In the case cac of or Fred Frell Foulger against ag L 1 V John and Mary McGrath appellants J v the court ordered that the respondent I i remit O of or tho the verdict ho he obtained for tor If It he falls rails to do lo so a new now newt trial Is granted The Tho suit was for re reY rebuilding re- re t Y building property partially destroyed W by hv Tho The defense e was that the contract con con- tract was obtained by II misrepresentation tion arid and fraud and that the work worle done 2 was not worth so much The action of or r the upper court was HI taken on account of ot admissions of oC the d defendant as ns to i I the tho value nille of oC the services performed Mint lit I l P la ny Cot Co Co The court held that Ju Judge ge Morse orse of J tho the Third district court was WOR right In 1 holding Joseph Martin of oC New e York lork to toI he In contempt In not obeying an on order I 1 of his court The matter arose nrose In the cl case e of Russell Sage Fago Raphael appellant against ng t tho the Wasatch a and Jordan Irrigation 1 gation mUon company compan and antI the Union Trust I and andas nl Individually com company pan of ot Now York rork In k Ju as ns trustees On September 23 l 1907 o. o Cht Chester ter Martin Martiny i. i Judge Morse appointed y 1 1 receiver with p power to sell soil certain t property but hut made a stipple stipple- mental order this power Jo Joseph Jo- Jo seph lh Martin attorney for the tile plaintiff pl order of or t disregarded the supplemental the court anti and advertised the property for sale Judge JUd e Morse found Martin In Iny y S contempt but the only punishment was an nn order that he should pay all nil the costs and ml restrain from further action In the matter m of oC the sale Martin reviewed reviewed re- re with the result viewed this decision that the three Justices of or the Supreme court uphold Judge Morse's Morses action holdIng holdIng holding hold- hold Ing Martin In contempt and antI that he will ha have hato to PO pay the costs ordered |
