The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1894-07-28

uments thereof until lawfully removed
or until the expiration of the term as
provided by the statute. It follows that
there was no vacancy in the office at
the time of the appointment of the re-
spondent and therefore his appointment
was void, for the. power to appoint only
exists where there is a vacancy
eve think the court below erred in
sustaining the demurrer The judg-
ment is reversed and remanded for fur.
Their proceeding in accordance here
with
Bartch delivered the opinion. which
was concurred in by Miner and Smith.
RILEY VS.. THE RAPID TRANSIT.
Julian Riley VS.. The Salt Lake Rand
Transit company appellant
Judgment was rendered in the Third
district court for $1,000 damages for
the death of the ten year old son of
The plaintiff by being run over by a
Rapid Transit street car.
The opinion was that the evidence
justified the verdict in all but the
amount OF damages $1,000 which their
honors considered was 81 600 too much
and ruled that unless the plaintiff viii
consent to reduce the judgment to 3d.
QUO the judgment should be reversed.
II sueh consent is given forthwith then
$1,000 -
Opinion by Smith, Miner and Bartch
concurring.
THE LOTTERY CASE.
The Mexican international Banking
company VS.. H. Lichtenstain appellant,
appeal from Judge Zane's decision in
the Third district court. The plaintiffs
claimed that the defendant owed them
the sum Of $1,6S2. 10. the price of lottery
tickets sold by defendant on behalf of
the plaintiff
The court below instructed the jury
to bring in a verdict for defendant on
the ground that selling lottery tickets
and that plaintiff could not recover. a
motion for new trial was made by
Plaintiff and granted from which order
the defendant appealed
The opinion states This money no
more belongs to the plaintiff or defend
ant than if it had been stolen by one
or the other df both. They have simp-
enterprise and the degree of crime in
no wise changes the relations Of the
parties to each other. We are clearly
of the opinion that it is matter
which ought never to have been
brought TO the attention of any civil
court. The order of the court below
granting new trial is reversed and
to dismiss action" Smith delivered
the opinion, Miner and Bartch concur
ring.
SPRINGVILLE CITY VS.. JOHNSON
Springville City vs. Don. c. Johnson
appellant, an action to quiet title.
The bill was filed in the court below
for a decree that the land was exempt
from taxation and that the tax sale
thereof was void, that the plaintiff be
quoted and confirmed in its title and
ownership Of the land.
The court below held that the plain
tiff was the owner in fee of the land
and that it was not liable to taxation
and the proceedings to tax were illegal
and void.
The judgment of the lower court
was affirmed. Judge Merritt delivered
the opinion in which Miner and Bartch
concurred.
TORONTO VS.. SALT LAKE
COUNTY.
Joseph B. Toronto VS.. Salt Lake
county appellant in which the plain
tiff sued to recover $1,166.66 which he
claimed to DE due him as extra COM
pensation for official services rendered
as county treasurer of defendant
county.
The claim was based on section 80 of
the school law of 1890. which provides
that the county treasurer shall re-
ceive and hold as a special school fund
subject TO the orders of the county
superintendent all district school mon
eys and keep a separate account there
of. for which he shall receive such
compensation out of the county school
fund as the county court shall deter
mine. The county court fixed the
compensation at $500 per annum, but
afterwards for a service of two years
and two months only appropriated $500
in full compensation.
judgment was rendered in the court
below for the plaintiff for the full
amount claimed. from which appeal
was taken.
Their honors affirmed the judgment
of the lower court. Smith delivered
the opinion, which was concurred in
Miner and Bartch.
OGDEN PAINT AND OIL CASE.
Ogden Paint, Oil and Glass company,
respondent, VS.. Warren G. Child ct al.
appellants.
This cause was brought and tried in
the Fourth district court upon bill
in equity brought by the respondent.
On Dec. 31.1S91, the Consolidated
Lumber company assigned to w. j.
Stephens. At the time of the assign
ment Warren J. Child was a stock
holder and director of the company
voted for the assignment. Other cred
itors were preferred by the deed of
assignment, among whom was the
Ogden State bank, for $4,000 and War
rem j. Child was also a bona fide cred
itor of the Consolidated Lumber com
pany for $4,000 and preferred.
The Ogden Paint, Oil and Glass com
pany recovered judgment against the
lumber company for $500 and axecu-
ton issued, which was returned I'M
satisfied.
Child obtained judgment against the
lumber company for his claim of STA
900. execution issued and certain pro
perty was levied upon which was in
cluded in the deed of assignment At
the suit. of the Ogden Paint, Oil and
Glass company the court below issued
an order restraining w. G. Child from
proceeding with sale under said eXecu-
ton. and ordered that the property lev
led upon should be applied to satisfy
the judgment of the ogden Paint, OH
and Glass company.
The Judgment of the lower court
was reversed. Judge Smith delivered
the opinion, Merritt concurred and
Bartch dissented.
WHITEHALL VS.. MEEARS.
William H. Whitehin. appellant. VS.
George A. Meears ct. AL on appeal from
Judge Zane in the Third district court
The action was originally Drought ia
establish the plaintiffs right to one
half interest in the Morgan grounp of
mines near Park City comprising the
following claims: Grizzly, Lizerina.
Marietta, Abby, Benton, Lady Morgan,
Danviile and st. Louis. The plaintiff
claims to have entered into an agree
ment in the year 1883 with Phillip Nor
gan ct. al, the owners of said mining
claims TO organize a company for de-
velopment purposes and that in the
same year, 1883, he met George A.
Neears and entered into an agreement
him s.at nss-:c.n.... :.