The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1893-04-16

Snb.
The minutes of the last meeting were
read and signed, and business was pro-
ceeded with without further delay opln-
ions We're handed down as follows.
APPEALED TOO LATE.
Ryan & Ream Cattle company, appel
lants, VS.. Murdoch & Farnsworth, appeal
from the Second district; opinion by Judge
Minor.
In this case the plaintiffs sued to collect
S9,50S alleged to be due as damages sus-
tanned by the defendants failing to. COM
ply with an alleged contract for the delIv-
cry OF certain cattle. In the lower court
Judgment was rendered in favor of the de-
PENDANTS. and the plaintiffs filed motloh
for new trial, which was overruled. An
appeal was then taken from the order Ce-
nying The motion for new trial. The
supreme court held that the appeal was
not taken in due time, and hence ordered
that said appeal be dismissed. JUDGES
Zane and Bartch both concurred.
TIE MARKS DECISION REVERSED.
Anna Marks ct al. VS.. John T. Sullivan
ct al. appellants; appealed from the First
district court; opinion by Judge Miner.
In this case the plaintiff, Anna Marks,
alleged that IN December, 1888, the de-
PENDANTS wilfully and maliciously and by
the use of force and violence arrested SAID
plaintiff, and compelled her to go with
them TO the office OF justice of the peace,
and subsequently imprisoning her foT a
period of six DAYS without probable
cause and without right or author
ity- She also alleged that she was
very badly mistreated, having been beaten
kicked and bruised, and that the ar,
rest greatly injured her business and
credit. In view of these alleged facts. she
demanded Judgment against the defend
ants for s.. 600. The arrest of MIS-. Marks
grew out of suit of forcible entry begun
against her by w. H. Gunner. The suit
was brought in a commissioner court,
and he rendered Judgment in favor of
the plaintiff for the possession OF certain
premises at Eureka. A writ of possession
was then issued to the defendant Sulll-
van, who was a consta BILE, and the arrest
grew out of his effort to enforce the writ.
In the lower court judgment was rem
dered in favor OF the plaintiffs Tor ~, 5U0
upon the grounds that the justice at Eu-
reka acted without Jurisdiction IN order
ing the plaintiff arrested, etc., upon
warrant issued ont of a commissioner
court at Provo.
Judge Miner reversed the decision of
the lower court and remanded the cause
for further hearing. Justices Zane and
Bartch concurred.
FRAUDULENT REPRESENTATIONS.
Charles H. De Frees VS.. George w.
Carr and Thomas Carr, appellants; from
the First District court: opinion by Judge
Bartch.
In the lower court suit was brought by
the plaintiff alleging that on November
II. 1891, he was the owner of certain
premises in Ogden; that the
first named defendant, with in
tent to cheat and defraud him,
represented that he was the general man.
ager of the Consolidated Mining & Mill
ing company of said city, and further
represented that the stock of said COM
pany was worth its par and face value.
Acting upon these statements De Frees
traded certain property for thirty-five
shares of the said stock, alleged to be
due the sum of 50, 800. A few months
later the company assigned and De Frees
began suit against the plaintiffs, praying
that the deeds be Cancelled, and that the
said property be reconveyed to him. In
the meantime George w. Carr had
disposed of q portion of the
PROPERTY to Thomas Carr. but
the court rendered Judgment in
favor OF the plaintiff for the
portion Of the property still in the pos
session of said George w. Carr The de-
PENDANTS then appealed from the judg-
ment and the order overruling their mo-
ton for a new trial. II was shown in
the lower court that the plaintiff was a
sufferer from epilepsy TO the extent that
his mind was weakened, and further that
the defendant knew that the said company
was insolvent at the time the representa-
lions were made relative to the value of
Judge Bartch found no error in the
record and hence affirmed the decision of
the lower court, Judge Zane concurred.
WESTERN UNION DAMAGES.
A. w. Writ VS.. the Western Union
Telegraph company, appellants, from the
First district; opinion by Judge Zane.
In this case the plaintiff alleged that he
sent a certain message over the de-
PENDANTS line and that said message was
not sent as delivered, to his damage in
+he sum OF 81 500. In the lower court
judgement was rendered in favor of the
nlafntiff and the defendants appealed.
The defendants hold that the plaintiff did
not ask that the message be repeated,
which released them from LIABILITY ac-
cordiug to the conditions printed upon
the back of their blanks. The supreme
court holds, however, that tpublic policy
forbids contracts by telegraph companies
exeln-1ting them from the conseq ences
to their employers from the negligence
OF their agents III transmitting mes
\ sages.
Hence the decision OF the lower court
was BILL 00A6C 0o4 WI S0hNAA4Cd
A VERBAL CONTRACT SUIT.
Minnie Brinton tby guardian), appel
liant. VS.. Waldemar Van Cote admins
traitor. appeal from the Third district
court: opinion by Judge Miner.
The plaintiff brought suit in the lower
court, asking the specific performance OF
q verbal contract, it being alleged that
said plaintiff was entitled to the bulk of
The property of one Lydia Davis, deceased,
for whom the defendant was admins
traitor. under the terms of said contract
It was alleged that the said Lydia Davis
agreed with the parents of the plain
Tiff and with plaintiff herself,
that If the said Minnie Brin-
ton would make her home with
lydia Davis, her property would revert
to the plaintiff upon the death of the said
lydia Davis. Lydia Davis died on Janu-
sfv 27. 1890, and Waldmar VanCott was
snpointed administrator. Suit was then
Brought to enforce the alleged contract.
The defendant filed a demurrer on the
usual grounds and the demurrer was sus-
tanned. after which the plaintiff appealed.
After lengthy review of the case and
comments relating to the spirit which
prompted the plaintiff to give up her
home for the purpose Of being compan-
ion to the decedent, Judge Miner ruled
that the order of the court below in sus-
tanning the demurrer should be set aside
and defendant allowed to answer the COM
plaint. Judge Blackburn concurred and
Judge Bartch dissented.
TO QUIET TITLE.
William Perego, appellant, VS.. w. FL.
Dodge ct al, appeal from the third dis
trict court: opinion by Judge Miner.
The action was brought in the lower
court to quiet the title upon an adverse
claim fled by the plaintiff against the de-
fgndant, who had applied for a United