Show AffIRMS Of 1111 LOWER OER COURT GOURT Supreme Justices Decide Case Casein in Favor of Mrs Julia JuliaM M Murphy urphy A decision was handed down In the Wednesday in the State Supreme court case caso of or Julia Murphy respondent In against Robert L. L Booth appellant the Third District Dis Dis- of ot which tho the Ju Judgment ment g-ment Judge T T. D. D Lewis presiding presiding net court to Mrs ing giving damages of 01 prosecution Is for tor malicious Murphy Murph her Mrs Irs Murphy Murph getting GettinS affirmed written written writ writ- In the caso was costs The opinion Is 19 ten by Justice W. W M. M McCarty and This Title concurred in b by the other Justices of or several sections In which la Is only one inthis Inthis in inthis the parties to tho the case havo have figured having has hav this state and Idaho Mrs Murphy ing been victorious In each proceeding moved from pocatello Mrs Murphy Bingham Junction April 1903 Idaho to and In itt the following month purchased from f E. E R R. Wheelan a n hotel business conducted on the second floor of ot th the occupied by the Booth Mercantile Mercantile Mer Mer- building of ot which Robert I. I L. L cantile company compan Booth was tho the secretary and general geneal business manager She gave a n note and mortgage on property In Pocatello to Booth who collected money due duo 1 Mrs Murphy took out his rent and other othor bills and turned over the tile re rest t to her In August 1903 Mrs Murphy received notice to vacate the tho hotel and was compelled compelled com corn to do tiO so 10 in October of at that year Booth brou brought ht action In Bannock count county I Idaho aho to for foreclose close tho the mortgage mortgage mort mort- gage Jage on property there ther Mrs rs Murphy winning out and the time case caso going to the Supreme court of ot Idaho Booth then went be before foro a Justice of ot the peace at nt Bingham Junction and swore out a a. complaint against Mrs Irs Murphy Murph on the charge of ot obtaining money under false falso pretenses pretense Mrs Murphy was discharged at a preliminary hearing February 6 1906 In October of ot that year ear she began action In III tho tile District court on tho the charge chare of at malicious prosecution askIng asking asking ask ask- ing damages The rho Jury Jur found In her favor avor for tor actual damages damages dam dam- n ages Js and 2000 exemplary damages Booth moved for tor a now trial and the trial Judge said that if tf Mrs Murphy would consent to a reduction of tho the exemplary exemplary ex ex- ex- ex damages to 00 the motion motton for a 0 now lew trial 1 would wold be refused roused Sho I agreed to this tills and anti the tue judgment 1687 50 was allowed to stand Th The appeal to tho the court was from this Judgment The counsel for Booth alleged ed that no exemplary damages should havo have been awarded d and that the trial Judge erred in itt Instructing In regard to this feature Tho The higher court thinks s tho the facts In Inthe Inthe the tho case warranted the Jur Jury in awardIng awarding award award- Ing exemplary damages damage and anCl says sas the trial was conducted with n as much fairness fairness fair fair- nc ness s to Booth as to Mrs h fair I |