The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1890-04-13

to oppose the petition. At this
a deep growl was heard from the corner of
the room where Colonel Merritt was sit
ting and the expression of his face plainly
showed that he didn't like the appointment.
Presently he walked up to the bench and
informed the judges that he didn't want to
oppose Judge Bartch in this matter; he
wanted to see him get his salary and he
wanted to be relieved.
Judge Zane finally announced that Col.
Merritt would be excused and asked Mr..
Varian to name some one else to assist
him. The district attorney glanced around
the room until his eye rested on P. L.
Williams, and said 81 will ask that Mr..
Williams be appointed"
TOO busy was all the satisfaction Mr..
Williams gave, however, and after another
look at the disappointing faces of his
brother attorneys, Mr.. Varian said Il
guess I'll have to go it alone. PHI try to
wiggle through some how.n
Then followed another consultation
among the judges as to when the case
should be set, and at last Judge Zane said
it would be heard on the first Monday in
June.
THE RECEIVERS COMPENSATION.
The question of compensation for Re
celver Dyer then came up and was followed
by the usual postponement Mr.. Williams
said that this was the day set for Mr..
Varian to make his argument upon that
matter
Judge Henderson announced that the
hearing would be set for the first day of
the next term, and that the receiver might
amend his petition so as to bring his claim
for compensation down to that time.
THE DECISION AFFIRMED.
In the case of the United States VS.. An
drew B. Schow, Judge Blackburn said that
the decision of the court below was af-
firmed.
OTHER BUSINESS.
j. w. Maxfield VS.. Joseph A. West ct al. :;
rehearing denied.
In the case Of William r. Smith VS..
Jonah Phillips, involving the right to the
use of the water of Dry creek, Judge Hen
derson stated that the decree of the court
below in favor of the defendant would be
set aside because it was so uncertain in it's
terms as to be fatally detective
In the case of Springville VS.. James
Holly the decree OF the court below was set
aside, for the same reason.
Judge Anderson announced that in the
case of Frank Yearauce vs. Salt Lake city,
the Judgment of the court below would be
affirmed, and that an opinion would be filed
hereafter In this case the plaintiff was
awarded $500 for injuries sustained
through falling over pile of brick at the
corner of Third South and Third West
streets.
In the matter of the estate of S. S.
Walker, deceased Judge Anderson an :
nounced that the Judgment of the probate
court would be affirmed, and that an
opinion would be filed hereafter 1t will
be remembered that in this case the adj
ministrators of the estate sold
certain real estate without first
advertising the sale as required by law,
claiming that they were authorized by the
will to do so. The probate court refused
to confirm the sale, and the case was ap-
pealed to the Third district court and
Judge Henderson, who was then sitting
sustained the probate court.
In the case of the Salt Lake Foundry
and Machine company VS.. the Mammoth
Mining company, "a supsrsedeas bond in the
sum of Sl2, 900 was filed.
j. M. Maccaddy, member of the bar Of
the supreme court of the United States
and j. w. Easton, of bar of the supreme
court of Colorado, were admitted to prac
tice
1.-THE court then adjourned for the term.