The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1889-01-19
DECIDES TO ANSWER.
Mrs. Hendricks0n Will Not
Further Appeal.
SUPREME COURT MATTERS
The Morgan Mining Case-Ths De.
murrer Overruled-Judge Pyper's
Usual Matinee.

MAS' hcSlor acuurlCkSOu, tue Iauy
who has gained some notorlety of late
because of her refusal to answer ques-
ton propounded to her by the Ogden
grand jury, was taken north yesterday
afternoon by a deputy, she having
signifed her willingness to answer the
question which the inquisitors are so
DESTROYS of reply to, and which the
Supreme Court of the Territory had
decided was proper. This, of course,
dismisses the appeal to the Supreme
Court of the United States, notice of
which was given by Mr.. Rawlins On
Thursday.
THE SUPREME COURT.
The attention of the three judges was
yesterday occupied with the following
cases:
The People, etc., vs.. Joseph swazey.
Submitted and taken under advise
ment.
A. N. Eddy, ct. al, vs.. Edwin A. Ire
land. Submitted and taken under ad-
visement.
Sierra Nevada Lumber Company VS..
Alexander Lewis; appeal dismissed.
United States VS.. Joseph Clark; set
for the 18th.
A rule of the court was ordered en-
tered making the size of the paper used
in briefs in criminal cases uniform with
that used in civil cases.
W. A. Beyers, a member of the bar of
the Supreme Court of Illinois, was ad-
mitted to practice in Utah, on motion of
II s. Laney.
Court adjourned until this morning
at 10.
THE DEMURRER ovERRULED.
The following decision in the case OF
the Morgan Mining Company VS..
George A. Meears was fled with the
clerk by Judge Sanford yesterday:
The defendant demurs to the COM
plant herein on two grounds. First,
defect Of parties, plaintiff and defend
ant; and sec ond, the complaint is in
sufficient in not stating facts sufficient
to constitute a cause of action. It is
commended that certain individuals
should have been made plaintiffs; that
the present plaintiff, the corporation,
should not be party plaintiff, that the
defendant, Meears. should not have
been made a defendant, and that he
should not have been sued as defend
ant trustee.
The complaint is brought to obtain a
decree of specific performance. 1t con-
tains an allegation that the individuals
who, it is claimed should have been
made defendants, have transferred their
right, title and interest to the defend
ants in trust, pursuant to the terms of
a deed. and that said defendant had
not complied with and carried out his
agreements and covenants. Although
defendant is made defendant herein,
in his individual character, it is de-
tense to be set up that he is not 80 liza
BILE, and his rights are to be determined
upon that issue.
If, as it is urged. the plaintiffs have
no right, title or interest in the cause
of action, that it is also question to be
raised by a defense set forth in the
answer.
1t does not appear from the COM
plain that the cestut que trustees are
necessary parties to this action, or that
their rights as benefciaries will not be
protected unless they are brought in as
co-defendants.
The complaint on its face does not
appear to be insufficient
The demurrer must therefore be over
ruled, with leave to answer.
IN THE POLICE COURT.
In the Police Court, yesterday, Judge
Pyper was entertained by the following
cases:
Sally Davis, for being DRINK, profane
and obscene, was given ninety days.
John Wilson Brady and Jack O'Neil,
two vags. will be tried to-day at p. m.
John Van Prieve, for being drunk
and profane, was fined S..
John Cassidy, perpetual drunk, was
given thirty days.
Frank Dunningan pleaded guilty to
being drunk and profane. and was fined
S..
Hilla Webb, another drunk, was
mulcted $40.