Show THE SUPREME COURT case of adams vs beed et al argued yesterday antnet on the cumulative aln held to b leeal Cs decided ana 1 in the supreme court yesterday alie plaintiff in the case ot L B adams et al appellants vs E A reed atal cued in alie district court asking that description the of certain property upon which hey held a mortgage from alio defendants bo corrected the defendants alleged that they biad bought a certain piece of property from the plaintiffs for alie and paid thereon in basli giving notes for alio remaining secured by a mortgage they further alleged that the plain liffa made fraudulent representations as to alie title of aid land and prayed that they might lave l ave judgment against plaintiffs for abo paid and that the notes for the remainder be cancelled and delivered op to them alie lower court found in favor of the defend ante and the plaintiffs appealed P L williams and kimball kirn bait tor the appellants and richards macmillan and II 11 II 11 hen for the respondents DEX W W wilsons application for a re au from the utah penitentiary on alie ground as alleged by alie petitioner that lie ie illegally held lias been denied by lie supreme bourt ilson pleaded guilty on february 1890 to eight for horse stealing and was sentenced to one year in the penitentiary on each indictment alio sentence in each succeeding a to take effect at alio expiration of alie former sentence recently lio filed an application for a writ of habeas corpus representing eliat li was illegally held for the reason eliat the court liae no power to impose cumulative alie decision in alie case was rendered yesterday by chief justice merritt who held that as the statutes of this territory were silent upon the subject alie common law rule would lioyd good alie judge quoted bishop on criminal law vola section edition vol I 1 bishops criminal procedure section 1310 also alie ruling in the case ot alie people vs forace 22 col DECISION DOWN the court rendered a decision yesterday in alie of william A cooper vs alio denver arx company appellant cooper sued in the low er court to recover aco alleged to bo due for services rendered in january and february 1891 while the defendants bet up in encounter unter claim eliat a shortage occurred in alio company ollice in alio sum of while the plaintiff was in chaw and demanded judgment against cooper for eliat amount the defend ante also denied that they owed cooper over months salary alie jury in the low cr court found in favor of the plaintiff or alie full amount of hia claim and alio defendants appealed from the order overruling their motion for a new trial alie defendants claimed eliat alio court erred in instructing the jury that alio defendant a admits alio employment and also ledges eliat they owe him for two months salary but clinef justice merritt alio rendered the opinion of alio supreme court bield that there was no evidence in alie record tending to contradict alie statements of the court in hia charge to the jury and benco affirmed alie judgment of the court below with associate justice concurring associate justice king in a dissenting opinion livid that alie court erred in not permitting the jury to pass upon the disputed question whether plaintiff was employed for ono month or two lie wai 1 of the opinion that the evidence allowed ehlt there was only one months salary due and he believed alie plaintiff should remit 80 or a new trial be granted VS in the case of warnock vs dowitt alie plaintiff to quiet tho title to certain area in conflict between tho waterloo and cascade mining claims IP the odilo mining district in county it appears from alie record eliat alie waterloo mine was first located under alie name of the fenis fen is mino in 1885 and purchased by one miles the same year did no work on lie claim during alio year 1886 but on january let 1887 ho relocated it on january 1887 warnock located substantially alie ground under alie name of alio waterloo and on may ath 1890 dewitt located it under alio namo of tho cascade Caa cade and retained possession of it until the filed his action in june 1893 tho case wa tried before judge bartch in lie second district court and judgment was rendered in favor of defendant for alie area in conflict the appellants take alio llio ground that Durk eee second location was boid because of liis failure to do work in 1880 and eliat warnocks War nocks location was good alio take an op paito diey viey of alie matter Kool hLee gray appeared for the appellant and 8 thurman and williams van cot fc sutherland tor alio respondent spon dent va the ciao of vs donnellan was an appeal from judge kartell in the third district court alleged in alio court below eliat lie was the owner oi nn undivided one third interest in certain property upon alie defendant held a deed of trust securing to alie amount of alio legal title to alie property was held by but chogo owned a one third interest and kassler had d alie trust deed without excepting plaintiffs interest judgment was rendered in favor of the plaintiff and appealed frank pierce appeared for the appellant and judge tor alio |