Show TO u ge e hougaard mops up calendar three days S assion bisp S ss s of criminal civil and probate cases in record time the district court in and for san juan jaan county convened in th lh court room tuesday april jtb with hon john A hougaard a judge and officers of the court present due to a delay at moat while waiting for a verdict of a jury the judge did not arri arrive venor nor th the n cc court open until after 4 p m y olf CIN taape first case called was no the state of utah vs hays clark indian without counsel charged with possession of narcotics beote pe ote the defendant being without counsel and unable to employ the same attorney F B hammond was appointed by the court as counsel for the defendant and being unable to speak the english language herbert stacker an indian was sworn in in as interpreter on mo molion ion of counsel for defendant further proceedings were continued until feb 13 at 10 a in the next case called was that of the state of utah vs harry wall indian case no defendant arraigned and being unable to speak english fluently herbert stacker was appointed and sworn in as interpreter D feniane feni ant employed atty F W keller as counsel and on motion of defense the case was continued to the case state of utah vs han son D babies et 1 al I defendants S D huffaker ws as sant attorney general Gs the state attorney F W keller appearing for defendant uon motion of counsel for plaintiff the default of the defendants was oid ted entered by the court powell ipson was sworn and testified in support of the allegations of the complaint and the court being advised in the matter ordered that the plaintiff have judgment as prayed for in complaint with the exception P however that no attorneys tor fees are to be allowed and that no receiver is to be appointed case no state of utah vs george W perkins et al defendants fend ants S D huffaker appeared as counsel for the state upon motion of counsel for plaintiff the court entered default of defendants powell ipson was sworn and testified in support of the allega tf juht of complaint and the court kl lied red that the plaintiff have judgment as prayed for in in complaint with provision that no attorney fees be allowed and no receiver appointed case A S wood plaintiff vs A J breinholt defendant there be being ing no appearance herein for ither either of the parties thereto the case was ordered by the court continued for the term case no charles A reay reay plaintiff versus marie M ogden defendant upon motion of F B hammond attorney for plaintiff the case was ordered set down for hearing on april 13 a at t 10 P in case no ralph hurst plaintiff vs george W dalton et al defendants this case was ordered by the court passed for the fekn tw s e no harris shumway eft etaw plaintiffs vs L T hunter defendant upon motion of P B hammond attorney for plaintiffs this case was set by the court for hearing on april 13 at 2 p in m case no probate in the I 1 latter atter of the estate of N evelyn kadams deceased the peli tion of ornelia A perkins praying for he appointment of herself as ad rl of the tha estate donald r f adams appeared as attorney or the peti petitioner toner and being worn testified with reference to he matter and the court being devised in the pre s ordered hat the petition be granted as rayed fo ibe court further fiphs that the real estate belonging ng to the said estate to be 2500 le value of the personal proper y to be the probable pio bable anim amu I 1 ens issues ind and grofils of the sad real cs ate to be 2 to per an lurn lum und ordered ol aliat bond be execl at in case a surety bond is furnished furm shed and at the sum of 1500 in case personal bond be t furnished urnis hed case no jacob adams plaintiff vs arch bronson defendant fen dant on motion of F B hammond attorney for the plaintiff chis this case was set for hearing at 2 0 clock april 13 to follow case no april 13 10 a in m case no state of utah plaintiff vs hays dark clark indian on motion of donald adams district attorney case was continued until 2 this day and at 2 speaking through the interpreter ter preter and by his counsel entered a plea of guilty upon motion of counsel for defendant there being no objection thereto by khe district attorney it was by the court ordered that the im mi poi poa irn ion of the sentence in this case be suspended case no state of bah plaint ff vs harry walt wait df d fen en dant clant r p resented by attorney fred W keller the action identical to that in case the defendant pleading guilty and san sentence tence turn to page 13 column una one JUDGE HOUGAARD MOPS UP CALENDAR continued from page 1 1 being suspended with the warning that no more beote was to be brought by him into this state se 11 no karl kar I 1 S barton I 1 rap ara giff ff vs george W dalton et a defendants F B hammond attorney for plaintiff F W keller appearing for the defendants upon stipulation of counsel for the respective parties it was by the court ordered that upon the filing of an order to show cause and a bond in the sum of that a temporary restraining order might issue as to the trespass of the defendants cattle upon the cultivated and enclosed lands of the plaintiff the demurrer of the defendant to the plaintiffs complaint being submitted by counsel and the court being advised the demurrer was ordered denied and overruled counsel for the defense allowed 30 days from notice within which to further plead case charles A reay vs marie M ogden this case came for hearing at 10 a in F B ham ng representing the plaintiff van a axhe ache he defendant being present and in person representing herself counsel for plaintiff moved the court for ape judgment dament upon the pleadings the defendant asked the court for time within which to employ counsel and the further proceedings in this case whereby the court ordered continued until 3 p in this day thereafter this day enters F W keller his appearance as counsel for de fondant fen dant and requests the court for 20 days within which to answer to the complaint and there being no objection upon the part of counsel for plaintiff the court allows the 20 days requested in which to answer case no probate in the matter of the estate of L M slater deceased upon petition of F B hammond the administrator adain admin of the estate for summary distribution and discharge court ordered that upon the filing of the biece apts here n the petition of ad lini ni be granted as prayed for ase no 28 29 harris Shurn shumway way et al plaintiffs vs L T hunter defendant counsel for pla naiff and defendant argued the demur ers and the court took the mater under adia ement until april 14 at 10 a in in the matter of the estate of mnnie larson deceased F W keller as attorney for administrator it app appealing eating to the court upon statement of counsel for administrator thit that an excess over and above aboa e the amount to which mrs jennie jenn i e barton is entitled to as an heir of the deceased had been paid to her by the administrator of t the he estate and that a petition would be filed by the administrator asking authority to accept f from born mrs jennie bar barton lon a conveyance for a cartan house pd and city lot in bluff utah subject to the reservation of a life estate to her to cover the excess amount which had been paid to her as an heir of said deceased by the administrator and it furt further her appearing from the testimony ony of 1 F B hammond who was sworn as a witness that such an arrangement was agreeable to their other interested heirs in the estate it was by the court ordered that upon on the filing of the said petition and upon the evidence submitted the petition was granted as prayed for and in accordance with the facts above set forth case no jacob adams plaintiff vs arch bronson defendant fen dant F B hammond appearing as counsel for the plaintiff and F W keller for defendant attorneys for plaintiff and defendant stipulating in open court agreed that the judgment in favor of the plaintiff and against the defendant could be satisfied upon payment of counsel for the defendant in open court pays to the counsel for plaintiff the sum of and a further payment of to be paid within twenty days from this date case no state of utah plaintiff vs jim thomas paul begay and george harrison defendants an information having been filed upon motion of donald T adams district attorney the case was placed on the calendar and defendants appeared for arraignment at 2 p m district attorney represented the state and each of of the defendants appeared in person the defendants paul begay and george harrison having advised the court that their ages are respectively 13 years and 16 years upon motion of the district attorney court ordered that their cases be transferred to the juvenile court for disposition and the defendants were released upon their own recognizance the defendant jim thomas being a navajo indian and unable to speak the english language herbert stacker was sworn in as interpreter through the interpreter the defendant was in informed form of t the ed ah charge against h him im an and to his right to the aid of counsel defendant being without money to employ counsel F W keller was appointed by the court to defend him upon motion of counsel defendant was given until april 14 at 10 to answer to the complaint the offense being grand larceny lai ceny thursday morning 10 a m case harris Shum shumway may et al vs L T hunter defendant general and special demurrers of defendant denied and overruled plaintiffs motion to strike and general and spec al demurrers denied and overruled plaintiffs attorney allowed 20 days in which to f uither plead if he des res case F B hammond plaintiff vs monticello town d defendant e fen dant suit for attorneys fees claimed by plaintiff De demurrer murier or defendant to complaint argued general demurrer denied and overruled er subdivisions a b c and d of special demurrer granted gi anted and subdivision E denied counsel f for or plaintiff allowed 5 days in to file and affix exhibit A to his complaint and the counsel for defendant allowed 20 days in which to further plead case no state of utah plaintiff vs jim I 1 I homas indian defendant grand larceny on examination it appearing that defendant had not been given a proper preliminary hearing the case was returned to the justice court at blanding the defendant being a navajo indian and not able to speak english fluently claude powell was subpoenaed from bluff to act as interpreter and will act in this capacity atthe at the preliminary trial in the mean time the defendant was released upon his recognizance in the matter of the estate of francis nielson deceased on the testimony of lena J nielson it appearing that certain town lots in bluff and blanding now standing in the name of the deceased were in truth and equity the property of eugene powell of bluff and jos nielson of blanding court ordered that upon filing of proper notice of bf petition for the transfer of the property there being no valid objection the transfer of title will be made court adjourned until august 15 at 10 a axi m |