The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1893-09-01
IN IHB SUPRENB COURT.
e Full Bench Renders a Number
of Decisions.
THE NELSON EMBEzzLEMENT
L. Price Arrested for Shooting with
Intent to Murder.
Ehird District Court Orders and Judgments
-Lemke Brought Back from Cheyenne
scott, Charged with Arson, Gives
Bond - Probate Court Orders.

--A~c4n0C -9houbt ~ ASeASh -AOAAA OAACJ 81 ~
--Scott, Charged with Arson, Gives
Bond - Probate Court Orders.
TIE territorial supreme court convened
at 10 O'Clock yesterday morning with a
fun bench, consisting OF Chief Justice
Zane and Associate Justices Bartch, Miner
aud Smith. The opinions OF most import
ance rendered were those in the Mormon
church escheat cases. Under these rulings
the' Gardo House. the coal lands and
church farm go to the government The
historians Office and the Tithing yard
are given back to the church. The rulings
are published in full on another page.
TheWhitn1ore contempt case was argued
and taken under advisement.
The other matters coming up were as
follows:
REHEARING DENIED.
John n. Goldthait VS.. John I. Lynch
eft al; petition for rehearing denied.
ThS same same ruling was made IN the
cases of the people VS.. j. G. Sullivan;
Mary Reese ct al VS.. Alvin Rees admin
istrator; Retta Hyndmans by guardian,
We. Mary j. Stowe.
MALICIOUS PROSECUTION.
Daniel Hamer, appellant, VS. First
National bank OF Ogden, appeal from the
Fourth district court. Judge Bartch de-
livered the opinion affirming the iudg-
ment of the court below. Chief Justice
Zane concurring. The action was brought
for malicious prosecution and the appeal
was based on the alleged erroneous rul-
ings Of the court and the Judges charge
to the jury.
MARSHAL PARSONS.
In the case OF o. H. Petit VS.. E. H.
Parsons, appellant; appeal from Judge
Zane's decision in the Third district
court. in which the jury found verdict
for the plaintiff in the sum CT $3.50 and
costs. Motion for a new trial was
made and overruled; hence the appeal.
The plaintiff as assignee WAS the POS
SCISSOR OF certain goods which we're seized
by Parsons SIS United States marshal I'M
der writ of attachment ana sold. Suit
was then brought TO recover their value,
which resu tied in verdict tor the plain
tiff. Judge Bartcn delivered the opinion
affirming the decision of the court below,
which was concurred in by Judges Miner
and Smith.
PENALTY{oN A BOND.
Eugene w. Caughran and Nathan H.
Cottrell, appellants, VS.. Henry @. Rige-
low and H. P. Henderson, respondents.
The suit was originally brought to re-
cover the penalty on bond given as a
guarantee for the faithful performance Of
an agreement to convey certain real es-
tate. When the PLAINTIFF evidence was
all in the defendants moved for nom
suit, which was sustained by the court
over the objection Of the plaintiffs. who
appealed. The opinion was delivered by
Judge Bartch affirming the Judgment OF
na lorrnr p0nrf Zane and Smith concur
ring.
ON A PRoMIsSoRY NOTE.
James B. Russell. appellant, VS.. Caleb
r. Hank ct al; an action on promissory
note heard before Judge Miner and ex-
ception was taken to the decree entered
therein.
Judge Zane delivered the opinion re-
rersing the Judgment Of the lower court
and remanding the cause, Bartch and
Smith concurring.
ARMSTRONG VS.. OGDEN CITY.
In the case of J. c. Armstrong ct al.
appellants, Us. Ogden ct al, appeal
frem the Fourth district court on an
order sustaining a general demurrer to
defendants complaint, Judge Zane de-
lsvered the opinion reversing the decision
of the court below, with costs to the
plaintiff. Judge Bartch concurred.
PUT OFF TRAIN.
Rose and j. Durfee- VS.. the Union Pa
cific Railroad company, appellants. This
was also an appeal from Judge Miner 8
court, from a Judgment in favor of
plaintiff for $50 damages and costs. The
female defendant booked as passenger
on a train from Hot Springs, Weber
county. to Salt Lake city, but on the re-
turn Journey failed to slight at Hot
SPRINGS. went on towards Willard, and
was nut off by the conductor on failing
to pay the extra fare demanded. Under
all the circumstances this court did not
think the damages awarded by the jury
excessive and affirmed the Judgment of
the court below. Justice Bartch and
Smith CONQUERED.
PREFERS THE COUNTY JAIL.
Judge o. R. Leonard, of Ogden, ap-
piled to the court for d writ of habeas
corpus in the case of Alfred II. Nelson
awaiting trial for embezzlement. The
oetition submitted by counsel set forth
that defendant is unlawfully imprisoned
and restrained of his liberty by Nat IA.
brigham. marshal of Utah, at the peni-
fentiarv and that the illegaiity consists
liz his: That on Aug. rs, and on Aug.
%. 1895 petitioner was held to answer to
the grand Jury of Weber county upon a
charge OF embezzlement in each case, and
sum of s4. 600. and in the second instance
committed to the custody of the marshal
Of the territory of Utah, instead OF TO the
custody of the sheriff of Weber county,
Utah, as rec uired by law la such cases;
land petitioner is now confined and de-
tanned and restrained OF his liberty at SAID
peniten tiayy, instead of at the county jail
of said Weber county, Utah. The de-
inurrer was sustained and the prisoner
remanded.
SEEKS ADMISSION.
On motion of P. L. williams the ap-
plication Of David B. Hampstead of Salt
Lake city for admission to practice at the
bar of the Supreme court was referred to
the examining committee.
ADMITTED TO PRACTICE.
On motion of Judge Judd, Mr.. Frank
D. Hobbs, OF District of Columbia, and
ex-regisfrar of the land Office in this city
was admitted to practice at the bar OF TIE
Supreme court.
wHITMoRE CONTEMPT.
The George Q. Whitmore habeas corpus
matter was taken up on return of writ
and was argued at length by Attorney
Varian for the prosecution and Attorney
Arthur Brown for the defense. The
matter was taken under a6visement.
CHARGES AGAINST COMMISSIONERS.
In the matter of certain charges against
John Coombs and E. p. johnson, supreme
court commissioners, Joseph P. Bache,
~levi- ~ fho o., r,rerlle court was annainf-