The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1891-09-20
INVALID SCHOOL TAX
Judge Zane Decides the Levy of
1890 to Be Illegal.
THE EQUITY DOCKET IN FULL
Thomas Bywater Fails to Get Judge Powers
Attachment Disolved-The Usual Num-
Der Of Motions Passed Upon.

In the school tax cases' of Edward
Ashton ct el. and B. G. Raybould ct al. vs..
L. G. Hardy ct al, Judge Zane yesterday
signed the following decree
'Be it remembered that on this day this
cause came on to be heard before said court
upon the original complaint, and upon the
default of the defendants duly entered
herein, when it appeared to the court, from
the allegations of said complaint, that the
taxes herein complained of as levied upon
the property of the plaintiffs, was levied
upon the valuation as returned by the tax
assessors for the year 1890, when the said
taxes should have been levied upon the
valuation of said property Of the plaintiffs
as returned for the year 1882"
Wherefore the court, proceeding in ac-
cordance with the opinion of the supreme
court in the case, doth now order, adjudge
and decree, that the said taxes so levied
upon the property of the plaintiffs as set
out in said complaint, are void, and that
there is no legal authority to collect the
same"
at is further ordered, a5iudged and de-
creed that the defendant, L. G.. Hardy, tax
collector aforesaid, be and he hereby is per-
petually enjoined from any further pro-
ceedings for the purpose of collecting said
taxes 1t is likewise decreed that the
plaintiffs recover of the defendant, the
board of education of the city of Salt Lake,
the costs, amounting to - dollars"
JUDGE POWERS SUIT.
| In the case of Judge Powers VS. Thomas
| Bywater, in which the plaintiff sues to re-
cover 500 for his services in instituting
the damage suit for the defendant against
Salt Lake city, and which resulted in By
/ rarlc itrin z IN ia
defendants motion to dissolve the attach
ment was overruled.
CUSHING VS.. BECK.
! ]. J: Gushing ct al. VS.. John Beck de-
murrer to complaint overruled; exception
taken and ten days allowed in which to
answer
BADLAM VS.. BULJIoN-BECK.
Alex Badlam ct al VS. Bullion Beck and
Champion Mining company ct al hearing
on demurrer set for October l.
MORTON VS.. FULTON.
Thomas H. Morton ct al VS.. Emelins
Fulton ct al; stricken from the docket.
CALDER vs. FREE.
George Calder VS.. Preston Free; dis
missed.
FERRY vs.. LUNDIN.
William NJ. Ferry IS. Andrew Lundin
same.
s. L. P. l.. & q. co. vs. s. L. c. RY.
Salt Lake Power, Light 4 Heating com
pauy VS.. Salt Lake City Railway COMPANY
same.
S. L. MILL CO. VS.. S. L. & H. s. RI.
Sa Lske Mill Il Elevator company VS.
Great Salt Lake & Hot Springs Ra Iva.
company; same.
HEATH VS.. CITY.
Clara Heath VS.. Salt Lake City; same.
wIDERBERG VS.. JONES.
Oliver Widerberg VS.. r, H. Jones ct al.
order overrpling demurrer set aside an
demurrer reinstated.
DCNFoRD VS.. YOUNG.
A. j. Dunford VS.. ]. w. Young; demurre
withdrawn and fifteen days allowed i
: which to answer.
( Before Judge Anderson.
KAGEY vs. PROCTOR.
I In the case of Jacob kagey vs.. Jacol
l Proctor ct al, Judge Anderson yesterda
granted decree quieting title.
DINwooDY VS.. CRANE.
Henry Dinwoody VS.. G. F. Crane ct a
decree as prayed.
EARDLEY VS.. HoNTz.
, J. w Eardley VS.. D. d. Houtz; demurr,
argued and submitted.