Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1890-03-04
SUPREME COURT.
GardO House Rent TO be Increased
Several Decisions.

The Territorial Supreme Cuur
held session today commencing a
2P. m. Al Ofthe judges were pres
ent.
Judge Henderson read the opin
ion OF the court in the case Of s. NJ
Preshaw VS.. n. Tanner, JOS. stan
ford and Thos. d. Lee, involving tn,
justice q the peace dispute in og
Den. Mr.. Preshaw was elected 10,
the precinct embracing the Who'll,
OF Ogden. Subsequently, the com
" court divided me precinct int,
four, anu appointed the plaintiff ano
defendants justices. Justice Pre-.
shaw Insisted that he had Z
right to the whole district. ana
brought suit against the others. con.
Jointly. The district court held
that the other justices could
not 10 ;aade co-defendauts
and the Supreme Court today
took the same view.
In the case of NJ. Tc3hen -. a.
II. Nelson, appealed from Ogden,
The decrsIn', CT the court below WIS
affirmed, Judge Zane rendering the
opinion Of the Supreme Court.
which holds that under the lien law
Of the Territory, the lien of a sub.
contractor and those under him be-
gins when they Commence work.
and the contract price of a
Quilting cannot be raid 10 the
original contractor till the debts
oil the sub-cOntractor anu those
under him are paid; thai
II IS first the debt OF those who fur
nish the material and 90 the work:
then the sub-cOntractOr, and Thru
the original contractor. But that
no lien can exceed the price Of the
original contract, les the amount
paid the contractor before the SUBJ
contractor and others began opera
tiOns.
Judge Blackburn filed supple
mental opinion in which he dis
agreed with the remainder 81 the
court as 10 try construction OF the
lien law, ii J.etail, but agreed in the
general result of the case, affirming
the decision OF the court below.
In the case Of Isabella Seeley,
admx-, VS.. the Southern Pacific
Railway Company. the decision OF
the First District Court was nj
hrmed. The husband OF the plain
till YVES killed on the Southern Paci-
iic, by his foot being caught in an
open frog, while he was irving to
couple care. His wife sued for S., =
OQl damages, and the jury awarped
$500. The hallway company ill.,
sisted that rs the deceased knew
the switch frogs in use on the
Southern Pacific, west from
Ogden, were all open frogs,
he should have cared tot himself.
The court held that the use Of open
frogs by the railway company was
negligence, rs such frogs are dang
erous, and that all accidents caused
10y them render the company liable
for damages.
On the petition OF l.. l.. Grape
aud others, George Il. Wade Of
Moab, Emery County, was appoint
ed a L. $, Commissioner.
In the matter of leasing the Gardo
House, Judge Zane announced that
the court authorized the receiver to
lease the building, this time from
month to month, to the best adj
vantage. The order terminates the
old lease. There was no discussion
on the matter.
John J. Cushing, Of Illinois, and
John NJ. Breese, OF Colorado, were
admitted TO the bar.
Mr.. Brown moved the admission
Of Mr.. +. f. Barker. and Messrs.
Brown, Williams and Mcbride were
appointed an examining committee
To inquire into the applicants quail
fcations.
p. l.. Williams asked that n date
be set for hearing arguments on the
amount Of tie receivers compensa-
ton in the suit Of the United States
-. the Church.
The court agreed upon Saturday,
April l..
The accounts OF jos. =. Bache,
clerk Of the court, amounting to
$3.50, were approved.
An appeal 10 the United States
supreme Court was allowed in the
ease of the Salt Lake Foundry &
Machine Company vs.. the Nam
moth Mining Company, and the
supersedeas bond fixed at SI2, 900.