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Show END OF THE DECEMBER . TERM . Falling In the second attempt to prf a case on trial fjr (ho Jury. Judge Howell this morning dismissal the Jurymen for the December term. t'"" I court btaiin that It seemed Irupjs- flble to bring a case to Issue at t!H J time and he would not go to the ex- j pense of calling the jury Into court j again until the beginning of the January Jan-uary term, January 4. The cafe n call this morning was that of C. E. Coulter asainft the Utah Canning company and Herbert L. Her-rlngton. Her-rlngton. 'It was continued until this date, from December 23 because all the witnesses were not at hand and It was stated by the attorneys that a stipulation as to wliat the absent witness. wit-ness. George Hughes, would testify to would le agreed upon. Hut when the case wna called today, the attorney attor-ney for i he plaintiff stated that the parties had failed to agree to the stipulations regarding Mr. Hushes testimony, and, Mr. Hughes being out of the state, a continuance was ajkd for, and granted. The court ytat'd, however, that ho would not set the case down for trial at this time and that he would not grant another con-tlnunnce. con-tlnunnce. This moans that when the case Is again set for trial it will have to be heard, or the court will dismiss the action. Dr. C. E. Coulter Ik suing the Utah Canning company for $115. allowed to be a balance due for professional services rendered Gtorge Hughes, an employe of the defendant company, from November 15, 1907, to January 1, 1908. Mr. Hughes met with un accident at the factory, so the complaint com-plaint avers, and Dr. Coulter was called for medlcnl aid. Dr. Coulter further states in tbe complaint that the defendant company "Agreed to pay , for his services. 1 The defendant company denies that j It agreed to pay the doctor. j |