Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1893-03-21
IN The SUPREME COURT.
A Point at Issue With Reference 10
The Mechanics Lien ACi, 1890.
a RAILROAD COMPANIES APPEAL.
The Judges win Continue In Session
Until March 2Olh-Mbcpl.
lanCOus NllCs

The Judges prescott at this morning.,
session Of the Territorial Supreme
court were Associate Justices Black.
burn, Miner and Bartch, and when
ClerR Bachu had finished the reading
OF the minutes of the previous day
The legal Arguments Ia the case OF
Morrison, Merrill a 60. 1t al, appel.
iAnts, vs.. the Carey. Lombard Co. ct
AL respondents, were proceeded with.
Counsel on the respective sides wero
Baldwin and Ta,lock for the appel.
lanIs; Bowman ana Zipf Tor the 10.
sponderu.
T. w. Madscn contracted with ID.
G. McGrogob contractor, for the oreo.
lion Of u residence In this city. Ap.
rellants aud respondents were sub.
contractors OF tho nrst degree under
MeGrogor; tho sub.contracts were
entered into after tho passage Of tho
Mechanlcs' Lien Act Of 1890, and their
rights by virtue OF mechanics, liens by
them tlei were 10 bu construed I'm ac.
cordancu with the provisions thereof.
Spencer, BJwaler Il Co. began nm
action to ioreclose their lien, md
Morrison, Merrill u Co. took n
similar step, the defendant being
made a respondent IN tho latter Ina.
stance. These cases were aferwards
consolidated. In December, 1891. by
consent Of the parties, Madsen after nh
accounting with McGregor, paid into
court tho sum Of $1,000, the amount
then due the latter from the former.
Tho case came before Chief Justice
Zane for healing on July 2srd, 1892,
upon an agreed statement Of facts; and
the question now to be decided by tho
supreme court was the construction OF
Tie act Of 1870, and who under this act
ana agreed statement OF facts was en-.
titled to the iirst lien. The appellants
contendei that tbs lower oourt erred
IN hnding that tho Carcy.lombard
Lumber company was entitled 10 thp
INST lien, claiming that Morrison,
Mefrlll ana company, having nled
theit Hen hrst, were entitled 10 be paid
IN iull from the funds Ia the handp
OF the court, that Spencer, Bywater
q 70, havi ny filed theirs second, were
entitled TO be paid In full; anu that the
Carey. Lombard Co. Were entitled only
to the remainder Of tho funds.
Tho respondent claimed the law 20
be, aud the court below 80 held,that tho
suO-contractOr who first commenced to
DO work OF to furnish material for tho
property was entitled to his pay In full,
without references to the rights or
interests OF other sub-contraCtoIs whose
claims may DO OF tho same class ,nnd
OF equal merit, aud with ut reference
TO The dates OF ding liens, except only
that Ills II On was FLED within forty
dnys OF furnishing tbs last item. This,
tho appellants counsel insisted, was no
arbitrary and unreasonable, and no
calculated TO work hardship In the
great majority Of cases, that ID could
not have been the Intention
OF the legislature when 1t became law,
That 10y tho judgment OF the lower
court tho respondents got their claim
In full, while tho appellants obtained
nOthingi although the only possible
merit the respondents could urge over
the appellants was that the former
commenced TO furnish material May
9th leOJ, while this other party began
on July LIST OF the same year. IL was
pointed out by the appellants that
Morrison, Merrill Il Co.'s lien for
s.OO was Ned November 10Th, 1890,
and that OF Spencer. Bywater Co., for
sii-'3O, December 22ud In the same
ytnr and that both should be paid In
luil; that the Carey. Lombard Lumber
C0.'a Hen was not filed till September
0an ah la al. A.
VI the fund after appellants'
claims were fully satisfied. On
the other hand, tue rospondents con.
tend that the appellants should not
have abandoned their right OF lien
against tho property OF Il. w. Madsen,
as the contract prics-s0mething like
sl3, OJD-w0uld have been ample 10
have paid appellants claim In full.
The arguments were lengthy, and
at their close the Court took the matter
under advisement.
a RAILROAD COMPANY ApPEALs.
The next case on the list was that OF
George Everett, respondent, vs.. tho
Oregon Short Line ~ Utah Northern
Railway Company, appellants. For
the former Ferguson Rnd Cannon
the company was represented
by Attorney Van Colt.
In November, 1850, Everett wasa
passenger by one OF tue appellantjg
rains from Ogden to Salt Like CITY,
Near North salt Lake collision oc.
Cured In which the respondent was
seriously injured, anu be brought suit to
slO,UOJ. The case was tried in
Judge Hane's court ana the Jury
'warded the plaintiff $4,000, the costs
In addition to sl52.l5.
Against this verdict and the order
,veuuling tho motion for u new trial
he present appeal is taken.