The Mountaineer. [volume] (Great Salt Lake City [Utah]) 1859-1861, 1860-11-03
PROBATE COURT
saturday Oct ~.

Court mot pursnant 20 adjournment.
TIie case IL Livingston, BELL \ co. W
Andrew Cunningham, deputy sheriff 81
his county was called up Msssrsl Fer
gnsoa aud Appleby appeared tCr The
plaintiffs, and MessFs Broadhepd, Miner
and stout for the defendant The writ
~ fepleviu was returned endorsed "
have served the within by fcpleyying the
property named, and have tnow before s.l
lie court Israel WINS constable; Oct, ]
"a, 1860 .s NJ. II
The defense fled motion TO dismiss,
Oh The gronad that the actioh should have
been brought against the sheriff, and not
against his deputy 5..5- Il .
1, Court sustained the motion 10 dismiss,
and took 4 recess til 2 o,cloek pm.
The court resumed is session at the
appointed hour.
The case Of Louis r.. ClisfIin vs.. Abra.
ham Taylor, on petition in ehancery, was
called up /.
NIr. wv. i. AppIeby appeared for the
petitioner. and Mr.. Al Grew for the de-
| fendAift. til:
The attorney for the defense asksd
leave 10 file n motion to dismiss the case;
1.-THE court refused TO entertain the motion
4 MI. Grow then fled d demurrer, which
the court held under advisemeiit till We'd
tnesday evening. -
4 The case OF Moore and Green vs.. An.
drew Cunningham, deputy sheriff, IN re,
Epleyin, was called, and tho suit with
drawn. .i..
Court adjourned till Oct Slst, II :
4 nm. .g
Il Wednesday evening.
Court met Pursuant TO adjournment
! The minntes Of the Gath and 27th were
read and signed BY the judge.
& The case Of Louis H. GhnlIin vs.. Abran
TayIor. In chancerJ, which was laid owe
! on The 9Th, was chilled up, and the at
torney for the plaintiff filed a rejoindel
I 10 the defendants demurrer.
\ His honor sustained the defendant.
demurrer, and informed the plaintiff tha'
his remedy was AZ law, and NOT in chan
kcery. Is
a Mr.. Appleby gave notice that he Wcult
4 file q bill Of exceptions 4.
Court adjourned itIl tomorrow At Il
am
thursday, Nov. i, 10 am.
Court met pursuant 10 adjournment
and the case % Geary vs., stambangl
was called. a s ....5
Il Mr.. Geary fled a replication TO defend
4 ants plea IN abatement
4 About three hours, spcechifying hat
/ then 70 be endured before his honor eouii
lget a chance 10 inform the learned attoI
8neys that the strict technicalities Of Id
common law gcontl not be introduced int
that court. : Il. Il &. .s.. 8.
4 After a great deal Of talk as 10 wliel
i should be heard FIRST, the question Of III
!. agency Of Gen. Stambaugh, or the pie
4 in abatcmcnt, the court ruled that il wa
proper TO consider the plea in nbatetaen
q lrSts ;s. .'.l I'll: 81. &. ,.s:. :s
EnoclI Z, Mason, Joha Miller, Georg
4 w. Knowlden and Richard Treseder wer
sworn and examined on the part OF Oh
defense, and Smith Thurston for ID
9piaintiiT IL. s ,t,.ss . l.. : 1siz
Mr. GeaFy expressed wish to- hay
Il the defendant present The court Il
!, eliaed TO crafty the attorney in this pa
ticular. Il 4. ..:5. s..s... @s@.
Mr.. Broadhead then addressed. ID
} lcourt in support Of the plea in abatl
!. mcnt, fled BY the defendant. 4 VI :..ziSs
j, Mr.. Geary replied in alengtliy speecl
The court ruled that the ease WINS III
properly brought, the United States, an
. not Gen. Stsmbaugh. being the party 4
s whom the labor was performed en-
. therefore the plea 10 abate was sustaine,
Court adjourned SINE de.