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Show SUPREME COURT RULES OUT CLAIM Justice of the supreme court arc unanimously of the opinion that J. D. Ryan is not entitled to $132 for the hides of 22 wild horses he delivered to Beaver county, it developed in a decision handed down Monday as reported re-ported in the Salt Lake Tribune. But Chief Justice D. N. Straup disagrees with his four colleagues as to why I Mr. Ryan is not entitled to the money. The case was submitted in the supreme court in February, 1931. Mr. Ryan contracted with Beaver county to eliminate all abandoned horses running at large in the western west-ern portion of Beaver county, the horses to be delivered alive at Milford Mil-ford except where it was impossible to corral them, in which case the hides were to be delivered at $6 each. The county contended that some of the horses whose hides were delivered deliv-ered might have been delivered alive. The case conies jto the supreme court on tecnical issues dealing with the conduct of the trial. The supreme court holds, in the opinion written by Justice D. W. Moffat, that the court erred in permitting the jury to take the pleadings in the case. But it is also held that the error was not prejudicial to Mr. Ryan's case. The four justices hold that prejudice or injury will not be presumed in a situ-jation situ-jation "where it would do violence to ! the record to indulge such presumption presump-tion from what is shown." The chief justice holds that the proper course is to presume the prejudice pre-judice or injury, but that the record in this case shows that the presumptive presump-tive effect of predjudice has been overcome." |