The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1891-06-10
In ALL TIE COURTS
The Dazzling Blazer Wants a
Writ Of Habeas Corpus.
DAMAGES FOR WRONG TELEGRAMS
a Legal Gentleman Field for the IIlega
Appropriation of Goods-Police
Court Items.

SOuIt llBiDs-
In the case of MAIDS Johnson VS.. the Rio
Grande Western Railway company, Judge
Miner delivered the opinion of the court.
In this case the plaintiff sued to recover
damages on account of the killing of mare
belonging to him by Rio Grande Western
train IN 1889, and obtained a Judgment.
That Judgment was affirmed.
Chief Justice Zane handed down the
opinion in the case of Martha Cooke VS..
Nj. Il. Orandall ct al The plaintiff brought
this action TO recover the value of wagon
seized by the defendant Crandall as coilec-
tor OF Springfield, to pay taxes alleged to
have been due the municipality. The plain
tiff insisted that the farm, upon which the
taxes was assessed, was situated outside of
the town as indicated By its improvements
and beyond the range of its municipal ben
efits. The case was submitted to
dict against the defendant for
sle0, which the court set aside upon mo-
ton. From this order the defendant ap
peiled. The court found that the farm in
question was within the corporate limits
OF Springvllle and within q mile of the
PldeeCQ tOi blOA ~ buc lOWu ludI lucEc ID q
street running as far south as the plaintiffs
property; that the police have exercised
their authority near the farm in question
and made arrests. From these facts, the
court inferred that the plaintiff received
benefit from the expenditure OF money
arising from municipal taxes, and the case
did not come within the rule laid down In
the sase of the territory VS.. Daniels. The
judgment appealed from was therefore
affirmed.
In the case of Cynthia E. Jones VS.. Jane
Menmott, Judge Miner delivered the opin-
ion of the court. This case comes from
Judge Blackburu's court and involves the
ownership of a lot in Payson. At the trial
the plaintiff objected TO any evidence being
introduced, on the ground that the allega-
tons of the complaint were insufficient, and
the court sustained the objection. The
supreme court set aside this order and
ordered new trial.
In the matter of the charge of miscon
duct against Attorney j. ID. Lomax, David
Evans, who was instructed insApril last to
prepare and file more specific charges,
stated that he had been unable TO attend to
tho matter before, but had now prepared
the charges which were filed with the
court.
In the case of Reilly rs. briggs ct al,
remittitur was ordered.
The case of Nelson VS.. Brixen, involving
5000 commission on a real estate trans
action, was submitted on briefs.
The case of R. II. Slater vs.. W. Z.
Crags u, Involving the ownership of certain
springs in Weber county, was argued and
submitted.
E. o. Lee, of Illinois, was admi tied to
practic.
The Blazer habeas corpus proceeding
was then taken up. 1t will be remembered
that some time ago Chas. L. Blazer, an al
legged Omaha capitalist and manager of the
Don Carlos LUMBER company, came to this
city and obtained from the Utah National
bank about $50 as advances in drafts on
the Don Carlos Lumber company. These
drafts were not paid, and Blazer was ar
rested on the charge of obtaining money
under false preteD ses. He was tried a
short time ago and convicted, and his at
torneys, Schroeder and Hamilton, then
made application for writ of haDeas
corpus. The defense submitted the matter
on briefs, to which Mr. Varian demurred.
He stated that the application showed upon
itf face that the defendant was indicted, |
tried and convicted. The object of the
petition was TO have the court determine as
to the sufficiency of the Indictment, to look
into the verdict and ascertain whether it |
was sufficient to sustain sentence; to look !
into the evidence and determine whether |
the defendant should not be dis |
charged because of alleged error /
in admitting testimony. Mr.. Varian |
said this proceeding took the place of i
motion for new trial or an arrest OF iudg- |
ment. There was no ground for this pro- |
ceeding, because the whole matter was |
pending in q court having jurisdiction.
The case was then submitted and taken |
under advisement.
In the afternoon the case of A w. VERT /
VS.. the Western Union Telegraph company |
came up. 1t is alleged that In March z, |
1890, the plaintiff delivered to the defendant
for transmission to George II. Storer, of |
Eagle Rock, Idaho, message reading Il
will give one thousand cash, ball six
Answer. A. w. Wertz'' 1t is |
alleged that, through the carelessness Of |
the operator, the message was made to |
read: 81 will give one hundred cases, ball
six months" On this account plaintiff was
deprived of making the profits On a pur-
chase Of real estate, and the damages were
at 81 800. Negligence or careless
ness on the telegraph company's part was
denied.
At the trial in the district court at Og-
den in September, 1890, the jury rendered
verdict for Mr.. Wertz in the sum of 55
cents. Subsequently motion for q new
trial was granted the respondent, and it
was commended by the appellant that in this
the court erred.
The question put forward on the other
side was whether the matter Of damages
should have been left by the trial judge to
the jury under proper instructions, or
whether, under the circums tances, the
rial judge should have fixed the amount of
damages and peremptorily directed the
ury to render verdict for that amount.
Il was conceded OF the trial that the plain
if was entitled to some damages, viz:
Is cents, and the Judge directed a verdict
.herefor. against the protest of the plain
if, who wished the case submitted to the
ury, and plaintiff duly expected. The
court below granted a motion for new
rial, and the appeal is from that order
rhe matter was taken unGer Amusement
The case of Hans c. Anderson vs. the
Ogden Union Railway Depot company was
argued and submitted, and the court then
until this morning at 10 o'clock.
Commissioners Court.
A worry singular case came up for inves-
igation before Commissioner Norrell yes
erday.
t~- |