Show MOTION TO QUASH CP s jhc thc lor ou the charge of unlawful is made by 0 imiru F S richards j alowa not gallic to c against them 1 MONDAY may 2510 a i m rr opening of court the journal 1 iwa i there were a large number of spectators present james taylar Tayl pr if fa brown and moroni brown were inside the bar the court rendered the following decisions in of jacob lewites Le wises 8 eaITh emotion for the dismissal of the suit was granted with cost inthe calejo henry plant et al vs darnel carson the demerer demurer was and biye days given in which to answer the case of john S lewis vs some ry ys 1 a iii i very 1 I 1 tl I 1 i i J 1 aco erected aa building for the purpose of a mill within a few inches of one of the hous esi be the corn plaint says such proceeding would prove a nuisance and a restraining order was procured against the defendants fend ants and the com plain ment DOW seeks ja perpetual injunction the plan ing mill in itself is not a nuisance the question before the courtes alleged nuisance will prave annoyance to the families in the vicinity to grant an injunction the complaints well medby the answer the building is erected at a place quite a distance from any other manufacturing institution ution must take into consideration the well being of ake public buffet he must be careful about granting an injunction industry the court thinks it would be much better for the city we re there a larger num bera of manufacturing institutions than there present of authorities were here quoted in this case the complaint is squarely m et by the answer and the motion for judgment on the pleadings is koiv de nieda u fh VB 1 1 1 I by mr if kimball alio restraining order will be continued as the question or deris reserved for future hearing u ano appear ir ta m taylor r aind 3 P TI A brow u and moroni brown asked further time in which to plead casts and were con aed till the end of the week for the ti bl of the counsel the grand jury were then court and presented four indictments under the 1 anahaw asked that the defendant bc arraigned as soon eni zeniade ade bu which woultz ably Take tili noon the names of the pettit jury were then called and the following present 4 bybee bavis JW Abbott james caapman Cn apman jamea lax newton farr T II 11 blackburn jesseva rid erh barlow john cam pi ia aaron de witt R A wells N aanderson PA jas R stewart alma matthews II 11 K tompkins jus tf S B mo yle M C cn T II 11 M rave jol in brooks MP ackard i bjolin Ion doti W W matthews wm worth a tho court informed gan not be required lill tomorrow to morrow at lea a m jn the case of chas vs U P elal kimball for complainant dickson Varian demurrer to complaint mr varian mado a to quash tho writ of prohibition on tho ground that it only bore the tho seal of uie 0 o u rth n addition various athey causes quoted numerous authorities in support of ills lengthy argument jair alm tho a doged writ was only an order to show cause hence no neo aiji 1 tea aary t ra hio f Court a suggested if would be to argue this yono question as ait was that tn 0 ecal was necessary it waa no togo any furth cr alively dispute then varlan and mr diey they should arbue a caso recess was then taken ti llone p m vw v W i AFTERNOON SESSION edwin summer of paradise a native of england iwas admitted to M mr kimball resumed higL of beppe etal citing numerous oum erous author lica iq support of liia tian hc thought entitled to the writ of prohibition nd the question is whether this court has jurisdiction over a case which alio lower court could not deal with mr varlan continued to argue ou his lantion to quash the alleged we i to the common lawand of another coun imported bm ported of errors tap twp haye beep gach naively md of appeal aj peal several further were referred to and th case was then submitted the court complimented the attorneys for both sides for their able and comaj arguments Ari oppressive silence prevailed for a few minute sand it was finally broken by mr varian who asked the clerk if he was ready still another pause and charles bach nagel was then arraigned on the charge of obtaining under false pretenses pretences of moritz richter in november last the defendant who was represented by kimball heywood took the statutory time allo wedin which to plead A second indictment was read charging defendant the baschnagel Bach nagel with obtaining under false A third indictment followed on the same charge and the same time was taken in the last two indictments in which to plead as was taken inthe gus E hoffman was then arraigned on the charge of grand larceny by stealing the sum of 90 of daniel marks hoffman had no coun seland had no domoney money to cm joy anyone helas sworn and answered to the questions of the bourl as follows his original home was in new york has about uve or six dollars in cash wh ilein utah been engaged in running for hotels and clothing houses air V baer bower was appointed aa attorney for hoffman and time was given an fn which to plead browns case on the charge of unlawful cohabitation was then taken up and plead not guilty to the indictment mr moroni brown pleaded not Guil the charge of unlawful cohabitation in the case of james taylor mr a rostion to quash the indictment e ground that two of the witnesses examined before degrand he Grand jury were not endorsed on the indictment mr varian desired further time to look into the matter the court thero were no questions as to the facts he would have to quash the indictment ir richards had no desire to hurry the District attorney as he knew helas very much engrossed with other matters n the court stated that the court willbe adjourned Friday until in ahe latter part of june and the counsel will notify the ts when they are again to appear before the court mr heywood stated that as aghas baschnagel Bach nagel is unacquainted in this city he will have to sub mitto i the order of the court the court asked mr baschnagel Bach nagel if he had go his bail band he replied no he had stood so much and now he would prove whether he was a swindler or not the court ordered that the matter remain as it is so baschnagel Bach nagel will abill remain in diance vile gus E hoffman plead not guilty the charge of grand lar ceny mr bierbower said he was arcady for trial but mr varian was not ready and the case was set for trial oni thursday at 2 pm bail was fixed in the sum The Court said he understood the defendant tried to escape this neurn ing and he would have to take that into consideration bail wasa not forthcoming and defendant was committed the case of lashus vs chamberlin is set for next thursday morning and that of the territory ys i hoffman for thursday the case of D P tarpey et al vs chas ducheneau was taken up mr heawood read the answer to the complaint stating that judg ament vaa rendered by default ilbe afo re the time allowed by the statute for the defend antto answer had expired jurisdiction had been exceeded and a writ of bertl javall issued jt is therefore asked proved tc ithe satisfaction of iho court that the judgement jud gement of the court below be reversed followed and said he thought the reason for inquiring into the matter hon tended the fuu allowed t the law expired before thoan made in sup r port it of f read atha ia j only arf error of jurisdiction and bolan excess of ff M ir fl nl U i length sammons ia defectives motion bo made in the lower court iverc is no appeal atthe press the caseb was argued by mj heywood |