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Show DECISION OF SUPREME COURT IN AN IMPORTANT BANK CASE IN OGDEN. Bank Must Transfer Stock Upon Demand De-mand Other Decision of the State Court. The supremo court affirms the judgment judg-ment of the second district court in the case of Herman Mundt against the CommercialXatlonal bank of Ogden and George Dawson, compelling the bunk to transfer to Mundt's name upon up-on its books ten shares of its stock that Mundt purchased from Dawson, and to issue new certincates ot me ptock to Mundt. Tho supreme court holds that the tank had no right, except for good cause, to refuse to transfer the stock on its books, nor can a corporation set itself up as the judge and inquire into and pass upon the motives of the assignor and assignee, or question the consideration upon which the transfer Is based, unless It has some claim upon up-on the stock or some rights against the assignor, or is notified by a third i person not to transfer the stock, upon ! the grounds that he has some Interest in it which might be lost by the transfer. trans-fer. The supreme court finally disposes j of the old case of the San Pedro Railway Rail-way company against the Salt Lake City board of education to condemn-Echool condemn-Echool ground for railway purposes. In 1905 the railroad company brought proceedings against the board j to condemn a strip of tho Uintah school premises, in the western and I sparsely settled iortion of Salt Lake 1 City. The premises were 292 feet long by 150 feet wide. A strip 43 1-2 feet wide was condemned off the south end, over which the railroad was built. The board contended that the operation opera-tion of a railroad so near a school, i in view of the noise and the jar of the ! building by passing trains distracting i the attention of the pupils, and the ' dangers to the children incident to the ' operation of a railroad there, practl-I practl-I cnlly destroyed the whole properly for j school purposes so that it had to be abandoned. The jury awarded $250 as the value of the land sought, to condemned and $2,700 as damages to Ihe portion not sought to he condemned, condemn-ed, and found tbat the whole property had been destroyed for school purposes. pur-poses. Judgment Reversed. Tho railroad appealed and secured n reversal, the upper court holding that Ihe evidence failed lo establish that the whole property wab destroyed for school purposes. On the second trial the jury found the value of the ground sought to be condemned to bn 250, as before, the; damage to the remainder re-mainder of the premises only ?2,500. and that the whole property had not been destroyed. Tho board appealed. Lster it dismissed Its appeal, but the railroad company had assigned a cross-error in the appeal relating to the awarding of interest on the $2500 flora August 2. 1905. the date upon which the railroad was let into possession, pos-session, claiming that interest on this should run only from the dale of tho verdict. October 1. 1907. The opinion of the supreme court, filed Thursday, rplates mainly to the question of practice and settles for the first time the full meaning of rule 2f. of the court relating to the filing of cross-errors in cases on appeal. It also holds against the railroad company com-pany as to the matter of the payment of Interest. All costs that have accrued ac-crued since the dismissal of the appeal ap-peal by the board, including, the printing print-ing of the brief, are taxed against the railroad company. The judgment of the second district court In favor of the plaintiff In the case of S. N. Cole, respondent, against tbo Utah Sugar company and tho Sid. ney Stevens Implement company to recover $3S5.74 as balance due for sugar beets. Is affirmed. The supreme court reverses the judgment of the lower court In favor of th plaintiff in the case of John L. McKinney .against George Carson in awarding damages for tho trespass of 500 sheep belonging to Carson upon McKinney's land, and remands the cafe for a new trial. |