Show DISTRICT COURTS JA fa W I 1 ills W VA ya r birst decision T foulger ct all ably argued by alio attorneys the the caso of alie mound city paint ind color company vs commercial it ional bank of ogden the court overruled tho demurrer to complaint the following is an abstract ruh j j 1 belr 19 l bishop Sch of ogden were indebted to tho plaintiff a corporation tion doing busin essat bouis ona thell date mentioned plaintiff drew a eight draft on SS payable ta the order of the commercial national aan k of Ogden with exchange the bank undertook the collection of the draft receiving thesa 21 2 1 1884 and presented it to bishop A schaefer and instead oi requiring payment took their acceptance mi th e following swords written across the face of the draft accepted nov 1884 payable at the coax national bank of utah bishop schaefer Sch cefer A general demurrer is interposed and the question arise sasto whet herthe facts stated constituted fa cause cipf action and the court alti s claimed that when the bank procured the acceptance of bishop schiefer that it entire duty that no consideration is averred in the complaint and that the bank undertook the collection gratuitously and that a case engross negligence must be shown to entitle the plaintiff to recover upon a general demurrer to com plaint the must be accepted astrue the defendant was doing a regular banking business and the collecting of paper ay iy a par bof the regular business of bank kinland kin gand the possible or probable temporary use of the money are sufficient consideration for the undertaking tb collect it samo authorities are quoted 1 dadea on negotiable inspru menta bank of utica vs mc kerister 11 wend tao bank of utica vs sneede 3 corn daniels s ys state bank of st Allen vs t it is not necessary for the plaintiff carelessness for the undertaking was not gratuitous during all the time the defendant held the draft Bishop schaefer Sch sefer were able to llave paid the same and the draft could have been collected from them draft was hot collected would sho w tha defendant did not uso such mean care skill and precaution as were necessary it follows that the plain tiU jhai elated a cause of action and the demurrer must be overruled i f k wr d ler W five days were allowed in which to file an answer the old bonds ofru wasa indicted yesterday for assault with intent new lon d bavine been nie d at the sue 1 of ra mr vanan in the i sum of r 1000 in the case of jacob lewis vs L R K williams for aford smith for defendant captain smith moved for a dismissal of the case judge williams replied in an argument for trial the corinne mill canal and toca va bavm Vm tah for the defense asked permission of the court to file an amended answer and u cross bill th aidee thought these matters should be presented affidavit botho attorneys said this had nol been the practice in thia Territory rf and that a vennell answer would suffice mr kimball disputed tha right 0 atlie file an amended inister inis and a crosa abillan d the plaintiff asks to bring ia a bew party which mr kimball said he had iio to do under the practice of this court he quoted authorities in support ochia objection judge williams replied in an able argument and the facts of the case the complaint ia brought by the corinne mill canal and stock company to eject the defendant from land on which ho set 1 tied on the invitation of the central pacific R R cocho promised settlers thai when the property came iulo the market it would be sold to them for aliat it was worth when farat settled upon lo 10 charge to be lucilo for improvements on theland binca the first settlement tb the plaintiff a large tract 6 land near corinne which embraces that mccu pied bati the defendant the land was sold to plaintiff by the the lanb on the sani e terms as they would have done themselves thud aliey retained control over it these terms the plaintiff violates by their of defendant 1 he the present for the filing oeun amended answer aud tha courtship hid he was inclined to allow such a proceeding but he might probably change hig mind after reading the pleadings A 2 p in was then taden ION idt the ourt madsen and Morgen aen acro mada citizens of the united states the court gave these new citizen sa few pals af pf good advice he fraid they had members of a gov I 1 eminent which boners them greater advantages alian any other nation they pan by honesty tj arian afo ufo greatly increase prosperity i and happ inee in a few years he licul aoker the question iahey verp living with ampro alian one tharo is in ahw a such a practice and while he could not refuse tham citizenship for their belief in such a practice ho would be bound to refuse them citizenship if they were the do cirino of polygamy because as before stated tho jaws of alte united states forbid such a practice may bo many who believe of polygamy is right buti of that nothing to say had been passed forbidding such a practice and it is his duty to see that the matter was thoroughly understood ho hoped these gentlemen would now go and prove themselves honors able citizens odthe united states and able defends re of the constitution and laws of the country 3 the case of J 6 lewis VS F foulger et al Kimball heywood and P H emerson for plaintiffs K williams for defendants was taken up mr X R heywood read the and prayer for an injunction judge R K wil liams read the plaintiffs ansberto answer to the above complaint cem plaint mr heywood commenced his argument for the plaintiff hc quoted numerous authorities to show what constitutes a nuisance and and to prove that a person must not use his property in a manner which would interfere with the comfort of his neighbor the steam engine is the prime cause of the nuisance in this case judge R K williams produced authorities to show what amount of discomfort may be submitted to by parties forthe benefit of their neighbors of the town and of the country at large the mill in question will not be a general mill but will only be used of sashes doors and other woodwork the machinery is put inthe building and the nuisance so far is only speculative judge williams held that if thia injunction is granted as prayed for the days of manufacturing in ogden are gone by air J N kimball for the plains tiff said the gist of the action is to prove that this mill when in operation will be a nuisance it is being erected in close proximity to private residences The plaintiff protested to the defendants against the erection of said mill on the ground that it would depreciate their yand make their dwellings less comfortable the whole answer can be taken as an admission of the allegation in the complaints several further authorities were referred to in support of the complaint after this the case was submitted to jhb court thomas 0 griffith a native of wales was admitted to citizenship the mccurt then adjourned till monday atten a m |