The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1892-07-31
A BuiIding contI.ct straIghtened out.

A Building Conflict Strengthened Out
Judge Zane yesterday rendered de-
cisision in the case of Morrison, Morrill, &
Co. ct al. VS.. p w. Madison ct al, which
was taken under Amusement week ago.
Madsen employed E. G. McGregor TO
erect house, and the latter contracted
with Spencer, Bywater Il Co. for materials
and also with Morrison, Morrill, s. Co. and
the Carey Lombard Lumber company. 1t
was agreed that 1920 was the amount
Madsen owed McGregor, and this sum was
paid by Madsen to the clerk OF the court,
and the question arose as TO how much OF
the money each firm was entitled TO.
The Carey-Lombard company had fur
nished the tirst materials for the building
on May 5, 1880. and the two other firms did
not furnish anything until July. The lat
ter firms. however, filed claims before tie
former, but all filed liens within torty
days after the contract was completed.
The Judge said the statute on the Ques-
ton was con 1icting, and reviewed Ut some
length the law bearing on the subject He
said the conclusion at which he had arrived
was not q satisfactory one, although IL was
the law as he understood il, and ordered
that the entire amount of the fund in the
clerks hands be paid to the Carey -Lom-
bard Lumber company.
Exception was taken and thirty days
given in which to prerare bill Of excep-
tions, and ten days to file bond.
OTHER BUSINESS.
Samuel Woolf VS.. j. d. Brown: demur-
rer Withdrawn, answer waived and juug-
ment was entered for 1850, the amount
claimed.
David Hamilton vs.. J. E. Krouse ct al. ;
motion TO open default and set aside juog
ment sustained.
Maria Stevens VS.. Polly Gresham ct al. ;
action tor partition; report Of referee sus-
tanned
Samuel F. Spencer VS.. S. M. Lovendahl;
leave granted to file supplemental and
amended complaint.
National Bank OF the Republic VS.. Metro
polltan Insurance company; II. j. Dummy
attorney for the latter corporation, was
examined regarding O lien on a certain
note, which he claims for professional SER
vices.
John Strickly VS.. A. H. Bemis ct al, re-
feree's report confirmed; stay OF proceed
ings for ten days.
Frank Merrill va. Matte Merrill; motion
to vacate order diSsoiving restraining
order aud renewing injunction; restrain
ing order continued until final hearing and
trial.
p. s. Bonesteele VS.. Charles L. Crane ct
al; objection to report OF referee with
drawn; judgment entered for plaintiff
The People We. james L. Monk; taking
illegal fees: order for bench warrant TO
issue TO enforce sentence.
Thomas NJ. Ray ct al VS.. William l..
Pickaid; judgment by default.
r. G. Banners Granite companyEvs. Elias
Morris: demurrer overrdled; ten days in
which to answer.
Tenth Ward Lumber company VS.. George
r. Gushing ct al; demurrer overruled; ten
days given in which to answer.
j. a. Foulger vs.. Fred 6. Lyngling; re-
port Of referee confirmed and defendant
ordered to pay amount of judgment and
costs.
People vs.. Salt Lake Brewing company /;
maintaining nuisance; time for sentence re-
set for Aug. 6.
James M. Carey ct al VS.. York Mining
company ct al; restraining order dissolved.
John K. Conner ct al. VS.. James Fl. Nc
Knight; dismissed without prejudice