Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1893-03-22
SUPREME COURT BUSINESS.
A Light Days Proceedings Before
The Judges,


In the Territorial Supreme court
t0dny, In the case VI GiOvnnna Cofe.
Chino We. the Third dlu Tict court, the
application ~ ille writ OF ceTtioTaTi
was denied. Judge Zane rendered tlfu
decision, which was concurrel In by
Judges Miner anu Blackbufn. The
plaintiff commenced an action Of
tIespas- before Justice Of the peace
In June, 1892. The defendants In that
suit put Ia issue the title Of the plain
tin 10 the possession and ownership OF
the lands alleged 10 be trespassed upon.
The Justice ~ the peace proceeded 10
hear the case anu rendered judgment
for 500 ana cost for the plaiHtiii. rhis
action OF the justice WAS appealed from,
and when the caso came before Judge
Battch In the disirict court no die.
missed the action tuCaute the Justice
ui the peace had wrougtlly assumed
Jurisdiction, The costs Of the appeal
were also assessed by tho district court
against tho plaintiff CefeghinO, who
applied 10 the Supreme court for writ
VI cerliOrAri ON the ground that tue
district court exceeded Its Jurisdiction
Ia entering Judgment against her Tor
the cIsis. Her application was denied,
the Supreme court saying; "a Justice
OF the peace should refuse 10 assume
Jurisdiction OF u cause OF action which
on its lace 10 clearly not within his
Jurisdiction. lie should refuse to act
and then there could be no judgment to
appeal from. Hut II he assumes juris.
dicIi0n and enters judgment dirmiss-
Ing the action, nn appeal lies; or I,
he wTongfully decides that no has
Jurisdiction, and tries the case AMI
enters judgment, an appeal lies from
that" The district court, having
authority TO decide the question and
dismiss tho case, had authority TO
Hdludgo the costs Of the appeal against
the plaintiff. Under this ruling the
phiutiif las TO pay costs incurred
through the wrongful assumption Of
jurisdiction by Justice Of the peace.
The case Of the Ryan ANA Ream
Cattle company, appellant, VI. John
q. Murdoch ct al, respondents, was
submitted ON the argument OF John
NJ, Zane for the appellant and George
Sutherland for the respondents.
Arguments were then begun In the
suit Of H. man Harris vs.. Richard
Chapman, Frank Pierce sppe ring for
Harris, tho appellant, "a ,chn a.
Marshall for the respOnL ent.
In the supreme court yesterday
afternoon the caaes OF Lester I. Rogers
appellant W. Jennie V. Thompson
1T nj. came up Tor argument on appeal
from the Third district court; ~. VI.
X, llOgg ami h. h. COrimau and Bald
win 4 Tailook appeared Tor tho appel
liant, ami w. II. Dickson, Williams d
NanCOtt, Marshall a Rlylu and
LuGtand Young for the respondents.
Tho dispute here arises as 10 an undi-
vided onb-i0ufth interest In the
Continental hotel and the adjoining
property, which said interest Ia valued
at about 100000, The plaintiff tileu
his euit In the Third district court on
February H., 1902, anu alleged that hn
was co.Ownor with the defendants OF
the property In question, the title
thereto coming through Isaac Rogers,
who settled upon the land and filed
his claim thereto many years ago and
never reliuquished the claim or sold
the property 10 anyone, IL was further
alleged that Mi luo heirs ~ tbs SAID
Isaac Rogers had remained In undis.
puled possession OF the property after
his death, except the plaintiff, aud that
the same was subsequently transferred
TO other parties. Then followed the
usual prayer for relief. The defendants
demurred TO the complaint upon the
grounds that II lid not state facts
sufficient TO constitute cause OF &C.
ton, and further that the action was
barred by different sections OF the
statute OF limltations. rhe demurrer
was sustained, and from the ruling the
plaintiff now appealed.