Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1893-03-29
THE SUPREHE COURT
Two Mora Opinions Handed Down BY
The Judges Today.
THE MARKS TREspAss CASE.
IN Important Point with Respect TO
Verdict by Zen
Jurors.

Judge blackburn rendered the su.
promo Couu's opinion this morning Ia
the case of Oliver n. Dudley, rcspon.
dent, W. George Fhcer, Daniel Wood
iand aud the Genital Pacific RAILROAD
Company, appellants. The suit was
brought 10 quiet the title to n certain
tact of land, cl,imei by Facer and
woodland. The court at Ogden
heard the case, decided chat these
persons were the owners and dismissed
the complaint, but without giving
the deicndant's costs, aud from this
order the appeal was taken. The su.
prone Court now held that this terri.
torlal legislature OF Utah could regu.
late The question OF costs In cases OF
equity, reversed this cause and 70.
manded II with directions to tho die.
irict court TO allow the deiendanps
costs.
Judges Zane and Bartch concurred.
OVER a TREspAss.
In the case Of Wolf Marks and
Anna Marks, his vile, respondents.
VI. John T. Sullivan, ct al., the opin.
ion OF the court was given through
Chief Justice Zane. II was an
action for trespass, in which thu
plaintiffs alleged that the defend.
ants, with force aud arms, entered tho
dwelling Of Anna Marks, foroibly
elected her from 1t, tore her house
down and carried away her furniture
and other property. The case was
submitted 10 Jury; all the defendants
except Sullivan were found guilty,
and PLAINTIFF damage was assessed, al
against them, At $500.
IL was out Of tnis that the present
appeal arose, and the court now
affirmed the judgment Of tho court
below Judge Blackburnl).
Judges Miner and Barton concuTIed.
THE VERDICT on THE JURORS.
The arguments In tho case Of II. A.
Hess and q. y. Grape Grading as Hess
q Coz, plaintiffs anu appellants, VS..
Margaret White, Administrative OF the
estate OF George NJ. White. defendant
and respondent, were taken up.
The question here involved was the
validity Of the verdict rendered for
the respondent In the Third district
court by ten lurors, pursuant TO nm act
OF the territorial Legislature, approved
March 10Th, 1892, which provides that
"ln all civil cases verdict may be
rendered on the concurrence therein Of
nine or more members OF the Jury" II
hu h..
this act In unconstitutional and
void because in contraventlon
OF the seventh amendment to tho Con-
stitutiou OF the United States, which
lays that sin suits at common law
where this value in controversy shall
exceed so, the right OF trial by Jury
shall be preserved" IL wns insisted,
however, by the respondents, that this
provision was not restrictive upon the
states or state legislation, anu there
was no reason why II should be held to
be restrictive upon territorial legisla-
tom that 1t only applied to courts OF
the United States, and not TO terri.
tOrial courts.
The present appeal was from the do.
clsiOn OF the court below everything n
motion TO set aside the verdict OF the
Jurors.
Attorneys II. II. Cabell and Richie
a Richie were for the appellant; Rich
ards a Moyle were cou nsel Tor the re-
spondent. After argument the case
was submitted.
COURT NOTES.
Palmer 4 Rey VI. J. II. Wallis;
judgment for plaintiff for $500.
The following Judgments have been
entered In tho Third district court:
]. d. Lawrence Vi. l.. ID. Kinney;
Judgment In favor OF plaintiff for
sl52.7O.
H.. 3. DeGolyer Va. Jodn A. Sheitle;
judgment In favor OF plaintiff for
s003O,5O.
John j, Kelley ct al. Vs. Martin It.
Lamb et al; judgment In favor Of
plaintiffs for 5000.
North American Savings, Loan Il
Building company w. Paul Evensen
ct al; Judgment for plaintiff for slU55.
Rockford Bit company W.. the Il. @.
Colin Hardware company; judgment
by confession In favor or the plaintiff
for s22l.56.
Magee Furnace company va. IL. y.
COiliu Hardware company; Judgment
by confession in plaintiffs favor for
slG9B.75.
These suits have been filed against
the h. q. CONN Hardware company in
Justice Hall's court: Pictorial League,
claim sl23,75; Clinton Wire Cloth
company, claim Sls3.75; Bellesire
Stamping company, claim sl3S.20.
In the Territorial Supreme court
yesterday afternoon was taken up the
case OF Franz, Jungk ct al, appellants,
ys. ID. g. Rec q ct al, an appeal from
the First district court. The plaintiffs
sued ON three promifsory notes, aggre.
eating $1,000, the defendants being tina
makers aud suretles OF thesRid notes. Tho
defendants set up that man names
scott, who was not party 10 the suit
went into partnership with them, DO
ing Mt the same time a partner OF the
plaintiffs, ana that he persuaded them
TO enter into contract with said plain
tits for tho delivery OF certain sheep.
Out OF their failure TO deliver the sheep
came the notes and suit was then in-
stituted. The court below found In
favor OF the defendants. The arguments
were in progress when their hOnors ad-
Journed.
Preparatory work for building the
untnu nm ana Nj