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Show West, the Judgment of the lower court is affirmed. The question Involved Is the rlpht to set oft two Judgments ol-t ol-t ained by Snoiv against West Snow fecured a judgment against West for $1050 as damages for a levy on the former's library, claimed exempt. After Af-ter the Judgment was obtained. It was assigned by Snow to Brothers. West had two judgments against Snow, amounting to $3fi2 20 and $1.1. respectively. He filed a motion that judgment secured by Snow, and the lower court granted the motion, thus leaving a balance due to Snow, or his assignee, of $053.33. It was contended b Brothers that, under the statutes, the judgment in favor fa-vor of Snow, having been given as damages for the levy and sale of exempt ex-empt properly, also was exempt and hence the set off should not have been allowed. Not Resident of Utah. The supreme court holds that this contention would have been good bad it not been for the fact that, wheu the set off was claimed, Snow had departed de-parted from the state and had ceased to be a resident of Utah, hence he could not claim an exemption under the laws of Utah. In view of this fact, the court holds. Snow's assignee would not have any greater right than he, hence no exemption could be claimed. The judgment of the lower court in the case of Emll S Rolapp. trustee, appellant, against the Ogden & Northwestern North-western Railroad company and the executors ex-ecutors of the estate of A. R. C. Smith is reversed, and the lower court Is ordered to amend Its tindings of fact and conclusions of law to conform to the views expressed by the supreme court. Tho action was brought to foreclose two trust deeds on the property of the railroad company, one dated February 20. 1904. for $40,000, and the other dated September 15. 1904. for 520.000 Tho lower court rendered a decree of foreclosure, but permitted a Judgment secured by Smith, amounting to $3781.-23, $3781.-23, to take priority over the first trust d.ed and ordered it paid out of the I proceeds of the sale of the property J before the deed mentioned. The supreme su-preme court holds that the judgment appealed from Is for too large an amount aud heuce reverses it. In the case of the state against Ix-renxo Ix-renxo Montgomery, appellant, the judgment of the lower court is affirmed. affirm-ed. .Montgomery was found guilty In the district court of Weber county February 9, U'09, of a criminal assauU on Ruby Stanford, aged 10 years, and was sentenced to eighteen months in the State prison. The supreme court denies him a new trial. ! I SALT LME AND STATE NEWS : SIP8E1 CfflJIT REMANDS CASES , Three Judgments Are Reversed and Two Are Affirmed on Friday. Five opinions were handed down by the supreme curt on Friday, three of , which reversed the judgments of the , lower courts. Justice- J. E. Frlck 1 wrote all of the opinions, which were concurred In by (Thief Justice Straup ; nnd Justice McCarly. Tho Judgment lu the case of John Robluson, appellant, against Salt lake City, tried btfore Judge Armstrong, Arm-strong, was reversed, with iurucllons t.i grant a new trial. Robinton sued to recover damages in the sum of S10.00O for personal injuries alleged to Iiuac b'en received by being thrown from hU wagon South Temple street, hetwrvn Sixth aud Seventh West st rents. February 11. 1909. While driving along the street his wagon ran Into an excavation, left unguarded, unguard-ed, and Robinson was thrown out and one of his legs broken. Alter lhe plaintiff submitted all his evidence, Judge Armstrong granted the motion of City Attorney Dinumy for a non-:ult, and dismissed the case, upou the grounds that Robinpon had 1 failed to pixive his cause of action and ' that the city had made ihe excavation in the street, or that It bad been left for any le.ugth of time to charce the city with : not lee of its being in the street. The supreme court holds that 1 1n? lower -;ourt erred in granting the non-suit and, therefore, grants a new w trial Revttrsal and New Trial. , , revers 1 and a new trial also are , granted lu t o case of William I.. Bills, appellant. ;galnst Salt Lake City. In which a jury In Jiidce Armstrongs court returm J a verdict in favor of the city, no cause of action. Bills sued to recnr $5,000 damages Tor injuries in-juries receive d by riding his bicycle into an excavition on South Tempb-street, Tempb-street, ;iear Scond East street, April I ". 1907. The city set up contributory contribu-tory negligence on the part of Bills as i's defense, ai' the instructions of the court on tin- q ims i "on of contributory negligence wvrv ewepted to by Ellis as b'jin pre.tjii'Iclal tn his interests. The snpp-Miie coin also tnkea thli view and holds that the lower count erred. In He- cuse oF'A. E Snow, plaintiff; M. K HrrrQu.-r:.. sus assignee, substitute pla'.tjt'.ff ami tipTn-llant, against E. M. |