Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1893-12-05
THE SEVERAL COURTS
Salt 10 EjaCtmslt Aga1st The OphiF
Hill Mining Co.
ONE AGAINST THE UNION PACIFIC.


l""i'7 hiFVNNi hANs
Chief Justice Zaut's court this
morning brought forth nothing Of
special moment Several short orders
were made, one case which was down
on today's list Tor trial was Withdrawn,
and thon ma action IN Jectment WAS
tried without jury. This concluded,
a recess was taken before the next
matter was proceed with.
TINE HLLy ACTION
Ia the case oi Julian Riley W the
Salt Lake Rapid Transit Co., tho
motion OF the plaintiff Tor entry OF
judgment ls5l0Jl without Interest,
was allowed. rnis ID tho sultin which
tho plaintiff obtained a verde, lao,
week Tor the death Of his seven year.
Old son.
DISMISSED.
Mary Goodrich W NJ. 4. Aschoim.
Dismissed by the defendant for want
Of prosecution, on motion Of Attorney
snyder.
SUIT IS EJtCrMEsr.
The trial ofthe case u Lawrence A.
Brown VI tho Ophir Hill Mining
company was then proceeded with be-
fore the court, a Jury having been
waived. Attorney 4. l.. Williams ap.
pented for the plaintiff ana Judge
Marshall Tor the defendant.
The action II brought TO recover tho
possession Ot "a strip " land, eight rods
wide, across the Indicator mine, u. =.
lot Sli Ophif mining district, rJoele
county, alleged 10 have been unlaw-
fully taken if1m the plaintiff by the
defendant company. Five thousand
dollars were claimed as damages for
such custer, together with 500 per
month from August, 1890, ~ fuasJn.
able rental Tor the property, anu costs
Of suit.
Plaintiff alleged that no IL the owner
Ia fec Uf the lot IN question, contain.
lug altogether 1912 acres, but that on
August l., 1890, the defendants Illegally
entered upon the Indicator mine add
busted him from the strip mentioned,
the same being four rods on each side
Of and contiguous to the center line Of
a gravity ttamway.
The defendants, Ia their answer, put
In general denial.
The hearing occup pied about half an
hour, when Judge Zane found for tho
plaintiff, with nominal damages (sl.l
A twenty dayH' stay wa, granted IA
which TO flo statement on molten for n
new trial.
4 SIMILAR ACTION.
Ella q. Bennett Va James q. Harris,
Oliver w. Mink anu the Union Pa.
clio Railway company was next on
the call. Plaintiff sought by his action
to recover all OF lot o, section 10, town.
ship south, range 3 west saul Jake
meridian, situated In Tuoele cJdnty,
alleged 10 be- Ia the u unlawful possession
Of the Defendants, and for damages Ia
the sum VI $1,000.
Plaintiff stated that In January, 1892,
the United StaIvs,, y patent, conveyed
la fec simple ~ Uuu John a. Huth.
rrlngton the land IA question and that
IN tie March following he anu his
wife, by deed, conveyed the same to
the plaintiff, who IL now the lawful
owner. but the defendants, he states,
have held possession ever since the
latter date. aud refuse % surrender it.
Attorney NariRn was the attorney for
the plaiuun anG Williams anu Van
Cot appeared for the defendants.
His Honor found for the defendant,
awarding 81 damages.
An ATTACHMENT MATTER.
Justice Lochrio has rendered his de-
cision on the motion 10 dissolve attach.
ment In the case OF George Mulle,t n
90. Va 81, V. LIE SieuT. lie Sieur had
bought goods u the amount OF Ssi
from Messfs. Mullett ard given an
order on City Auditor Raybould in
payment OF tie amount There being
no city funds available Immediately,
the order could not be cashed, although
there Is a large amount owing " Mr.
Lu Sieur Tue plaintitl, learning that
Mr.. LB Sluur hal transferred what "
clsimei TO be a $3.50 plano In payment
Or la security for deOt VI sos, Issued
an attachment on the plano and set up
the plea Of maud. The Justice found
there was no fraud ia the matter aud
dismissed the attachment, but motion
Tor n new trial has boon entered.
An ACCEPTED ORDER,
Justice LOchrie also rendered Judg-
meut this morning In the case OF
R1gers, Searlts anu Walker W. the
GurmaniR Life Insurance company,
the latter having 0ilicUa Ia the Me-
COrnick block. 10 was nn action on an
accepted ORDER and the amount in-
volvod vas $500. His honor found
for the deiuuuanls.
GONE AFIER THEN.
Sheriff MOQuos and Deputy Sheriff
Steele started this morning Tor South
Cottonwood anu Granite, armed with
couple OF warrants. Out-issuei from
Commissioner Norrell's court-isfort
arrest OF NJ. w, RImnuy, OF the first
named PLACE, against whom a CON.
plant charging criminal libel, said 10
have been contained In a letter, has
been lodged; the other, Issued by Com.
GfetnmGu, charges Thomas
Thompson, Of Granite, with battery,
The officers hoped to return with tho