Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1894-06-23
THE DISTRICT COURT.
The Writ Of Prohibition Matter Is
Continued Until JuIy2.
OBSERVATION-DISCLOSURES HIS WIPE
Interesting Point A. 10 Noles Levied
Upon Under an Execution
General Orders.

The business In tho Third district
/ court this morning was considerably
narrowed down when the hearing on
the writ Of prohibition ast specially for
today was postponed until July o., Tor
| the reason that chief Justice Merritt
whose entire time IL now taken up
with Supreme court wOfk-coulI not
see his way to listcn 10 lengthy lrglH
arguments at present. The case In
| question is that OF the Merchauts' Pro
Wciivc Association W Peter Loubrie,
justice VI the peace, the plain.
tins holding that Justice
has no jurisdiction Ia civil actions
Tor damages on account Of Injuries t.
character or reputation, nor In cases Of
alaudor OF libul. This matlor,it Will be-
teoollected, arises out Of suits brought
bya number Of persons against the
association for Publishing their names
In H. "blsok lht" Tho ruling Of tho
Third district court Is now sought in
order ~ ascertain whether Justice
Loohrie and others before whom
similar suits have been brought have
Or have notJursdiclion 10 Try them.
M SOON TIRED oF HER.
Ellis BYwnter was the petitioner
and Caleb j. Bywator the deiondaut
Ia atuit Tor divorce, the ground Of the
-aiue being dsserii0u and failure to
/ provide. The casu went by default.
Tue parties intornafriud 10 this city
In July, 1859, aud there II one child,
| Caleb G., aged about three
yeau. Mrs Bywaler stated that
la October, 1892, her husband, who's
by trade a machinlst, left her without
cause or excuse, anu has since neg.
luctod TO provide for tho wants VI her.
self aud child, leaving them dependent
upon plaintifl'a own labor and the
charity Of friends. No Allmony was
asked for Mrs. Bywaiet IL a pretty
woman apparently about % years OF
age, and Of very lAdyhko appearance.
rhUmas Adams was her attorney.
The court granted the decree as
prayed, awarded plaintiff the custody
u tue child and allowed an attorneys
fec Of $50.
NOTES LEVIED OK UNDER EXECUTION.
Further arguments were made In
u NhN NAAHN Va " NAN kNNhN W aWNh
Beck or. J. DAILY gatnisbre l-suppit-
mental proceedings on execution.
Attorney George WtHtefvelt for the
plaintiff; Attorney Wm. King for the
upfendAut.
This suit Involves the question OF
promitsJfy notes levied on under exc.
CutiOn. Tue notes were Ia the hands OF
Attorney T.. J. DAILY for collection a.
the property Of John Beck. Beck had
testified 10 this fact on supplementary
proceedings, hut did not describe tho
notes specifically. Execution was
loylud on the uOtes IN DAly's hands.
Attorney Kahn objected To the levy
on the ground that the notes are not
subject to execution, anu even II they
were 20 subject they must be- levied
, upon by gafnlshmunt Of the Indebted.
ucss of the mHk u.
; Attorney Mcsufyelt, Tor the plain.
tif, olntended that the notes are under
. our code, subject 10 execution, anu that
, the proper mode Of lsvying upon them
WAS by actual seizure aud not by gaf-
, nishmtnt Of the maker or makois. lie
insisted also that n tue notes afu tub.
I ! itCt to execution, the manner Of levy
was a matter which affected the rights
OF third parties Only,aui does not o0u.
C6fu the defendant Authorities We're
submitted 10 the court anu deolsiOn
will bo rendered next Saturday.
GENERAL MATTERS.
Brighton a North Point Irrigation
Co. vs.. Chas. J. HubbarI OF al. rhlrty
days' additional time granted tho
plaintiff TO prepare statement on mt
tiOu Tor n new trial.
salt Lake Building q Loan associa.
0 A.. 49,. ia. MuFW.Hfa -
ment for plaintiff upon stipulation.
George Quinn W. Nat NJ. Brigham.
Five days' additional time allowed y
answer,
John II. Lloyd w Salt Lake CITY
Railroad Go. On motion Of plaintiff,
order supprussing deposition by reason
Of certain omissions, anu permission 10
file new deposition.
Granville Gillette VI John w. Taylor
ct al. Motion 10 override demurrer
: Overrulod.
Frank Pierce, simiuitlrator, W Il.
GuhlAnd. Dismissed without preju-
dice,
IS. p. Tsasdel W d. 3. Ghflu Of al.
Order granting defendants case
docKeted after thirty days directed 10
stand.
Jno. b. Ingram " A. M. James ct al.
I Order Of publication Of summons upon
AFFIDAVIT
Fret National Bank Of Superior,
Nebraska, VI Hans SOrunHOn, Default
aud Judgment,
Macy IL. Inn Va Jennie Il. Williams
etRL CIV, Morse appointed guardian
nd Item Tor tho holr tho defendant
Wiliams's death being suggested.
= Geo. a, Lowe VI NJ, l.. Gvrraty,
b Demurrer Withdrawn aud leave grant.
% OF To amend complaint. Judgment
% Tor plaintiff tor s3jsi all upon stipula'
. ton,
! Wilhelm Wismar, a German, now Of
Salt Lake CITY, was admitted to citi-
Zbushlp,
Pnillips, Dodge and Palmer Va w.
A. Garter. Default aud Judgment Tor
! plaintiff IA prayed,
% judge Merritt wound up his day at
70 1890, and then adjourned court I'll
n ! next Saturday,
Judge Barlch die not sit In his diyls.
] ian tOuWV.