Show TWO tTo DE DECISIONS Of IMPORTANCE 1 I Lower ower osver Court Court- CourtIs Is Sustained in One Case and Second Is Remanded Re Re- by Higher Tribunal for Further Judgment Two opinions WI were flied filed In tho the state court Saturday deciding cases casCH in p which questions of ot i In- In worn Involved c both la oases eases es haslag having hav has lag ing been tried In Judge C C. W. W Morses Morse's division of ot the third district court Both opinions were written by Justice J. J E E. in b the other being concurred by Justices of the tho court In III the case of ot tho the Park Ctt City Meat company an and Robert nobert V. W. Gillespie ap- ap against the Silver Sliver Mining l company compan tho the California Mining Min 1 ing lag Milling company and II A A. McCornick Mc- Mc Ic- Ic Cornick In which a 0 demurrer to the tho I original complaint had been sustained I Ihy by hy tho trial court the tho Judgment of ot tho the lower lowe court in favor of ot the Comstock concern and amI others was affirmed with 1 In the case of ot Selina Nixon Boucot- Boucot It Mary Ellen Moore Leona Lcona Nixon Crabbe und and Mary l Nixon appellants against Esther Cohen Jacobsen the Salt gait Lako Lake Investment company Lillian LlIlIan Noon Moon and M. M C C. Moon oon respondents the supreme court modUles modifies an opinion I which had been handed down whoa when I tho the case was this tribunal on ona 1 a a. previous occasion affirming the I I Judgment of or tho lower court In raI re respect re- re I to Its refusal to enter a a. jud fn mont of ot foreclosure on en ft n. mortgage 1 In it favor of Mrs l irs and others th the tho lower court being Instructed however to mo modify its action b by Oy entering a a. personal per per- ronal Judgment again Mrs loIn Jacobsen f. f on oil a noto note made b by her City co Case The Tho case so of or tho the Park City Meat l company com corn I. I pany an and others against the tue Comstock I company and anel others was transferred I to to tho the third district court from Summit Summit Sum Sum- mit county It was shown that Judgment Judg Judg- ment was obtained in tho the district court cour courto o of Summit county count a. a against the Comstock Comstock Com Corn stock company compan A demurrer was tiled mod by tho the Com Comstock toek company and McCornick l nick which was wa-s sustained by the trIal court here and tho the case was dismissed The appeal was taken en to the supreme court which decides that the tho lower Jower court did not err and affirms tho Judg- Judg I mente with costs against the Park Cit City company compan and others In tho the caso ease of or and others n against cg Mrs Jacobsen and others It appeared pp that Mrs Irs Jacobsen on September September Sep Sep- 5 5 1591 H HaO O a. a a. promissory noto note I for tor payable In one ono year ear to tho the order of owls Lewis P. P Kelse Kelsey and James Jt 1 Gillespie giving a n mortgage to B secure curc the note Mrs airs Jacobsen removed re removed re- re moved mo from the state In the tho fall tall ori of or i an and when the case ease camo came to trial tile the Salt SaIt Lake L' Investment company alone appeared to defend having claimed an Interest in the property by reason of 01 a ta tax deed Claimed exemption It was alleged that Mrs and others were not tho the owners of ot the time not note and that tho the premises had been sold Bold for or taxes It also was al alleged alleged alleged al- al that the action was barred b by the time law which says that an action must be commenced within six years eals after the time cause of ot action accrues It was alleged that in July 1 1005 1505 05 the tho In Investment investment In- In vestment company compan in an action against Esther Cohen Jacobsen obtained a ju judgment b by which the tho title was quieted The trial court refused to enter a J. J judgment of ot foreclosure in favor of or Mrs Ir and antI others anti and refused t to enter a personal Judgment against Mrs Jacobsen the tho original maker of ot 1 be e note The supreme court holds that 1 nt ite e first action was waa right but that u I. u should have havo been boen entered aC against 1 Mrs Mis Jacobsen The case Is remanded re- re mended mandell to the lower court with 0 tl tIis B to make the necessary findings and conclusions of 01 Jaw law In conformity with th tho expressed In tho the J Jon IOn Grid and to modify tho the Judgment t by entering Judgment against Mrs Ills Jacobsen Jacob- Jacob sen sea for tor the amount which the tho court 1 to 0 be ue due on the tho note with in interest In- In tere terest t and anti costs neither side to recover Its costs on the appeal |