Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1894-03-19
TIE SUPREME COURT
Opening Of the Adjourned January
Session To-day.
THE MINNIE BARTON CASE AGAIN.
An Important Opinion Rendered As
Ancting justices Of the
Peace.

All tho judges were present ct ,hc
commencement Of the Adjourned aus.
sion OF the Territorial supreme court
a. 10 o'clock this morning, tut tuu
attendance OF members OF The bar was
not to large as usual.
Clsrs J.. T.. Bachc read the minutes
OF the former session, which were
approved aud signed.
a NEw q. s. COMMISSIONED
An application was received from
VIM. Il. smith, of Coalviilc, Uan,
asking to bcapuointed q u. s. connie
sioner Tor summit county, nud stating
that he had bad c1nsidomblu expert.
euce Ia similar capacity, asJus.gs OF
the peace. Mr. suith's request was
endorsed by Mrs.rs. John B0yden aud
W. w. Clun.
Tho court male the appoinlmuu, 90
prayed.
ADu1TTD TO PRACTICE.
Upon the motion Of Attorney J.. A.
Williams, BIT. James Mauarlrl, n
member Of tho hnr OF thu supreme
Cluft Of Michigan, was admitted 10
practice IN TILE clur.
a HE.6uE,iIssiON DIRECTED.
In tho case OF the Z.op'a Savings
BanE md Trust Co., appellant, 80 J..
j. Leonard, city tax collector, etc."
respondents "a rc.submissiou was Ut.
dorud aud set Tor hearing at tho foot %
this weeks call
a MOTION riNALLY DiAnaEp.
ia tho case Of tho u. r. " NJ d.
Bu'Otu the mandate from the supreme
] Court o., the United States was filed.
| The opinion Of this court was affirmed,
the motion tor writ VI error being
uismissci.
FmrD.
In the suit Of Catherine r. Tolani
" George l.. Corey ct al,, q motion 10
dismlss was illuj.
A PECULIAR MATTER
The frat case argued was that Of
Martha Turner, plaintiff aud RESPOND.
cat, " Well, Fargo a Co., de-.
ieudauir; ClHfenco w. Hal, special
administrator iItcrvbnt14 anu ap-
reliant. Judge McDOwall represented
the respondent and Attorneys h. W..
rati0ck hnd Clarence w, q. Hall Ap.
peaTe1 Tor the iutvfvenlOr anu appel.
laut.
The appeal 10 from judgment rem
deIed by cx-Chief Justice Zane, before
whom hearing was had on Ami
2lst, 1893. IL WIS therein ordered that
plaintiff was entitled 90 the $3.50 Ia
controversy, and that che be paid the
same by the bank named,
The complaint VI intervention WAS
dismissed with costs. Three other
Cases, by stipulation, were decided with
THIS one, on the same evidence.
Tho facts have tesn previously pub.
lisheI la these lumus anu
nro OF u singular character.
In btlei, Minnie Barton, an
inmate OF notorious house on South
! East Temple street, M this city, died
February 2lth, 1872, after painful
! iilnefs. Ablutl midday on that dalO,
upon being Informed by her attending
! physicians obs. Pf0uW aud B1wtf.l
| that she could not long survive, auu
| that II ahe had any bufiuusa matters ~
arrange she had better settle them, alo
sent for her attorney Judge POSofs.
| In hiH absrncui Attorneys Og-
den Hilus ana w. II. Dick.
sOn were sent for but Lo,h
gentlemen being alec unable To &c,
| Attorney Elis. hif. blossoms assistant,
went 20 the house. There was mo- viii.
| Her effects consisted VI an estate com.
| prisiug iutaiturc, clothing and IeWelry,
/ al the south East lomplr street place,
/ the lensshOld lhurtoi,aud various large
sums uf money In tue different locs |
/ banks, HggpgEuug about $4,000.
/ IL IL cOntcnde1 by the appellants that
Minnie Barton was In dying condi.
/ ton when the attorney arrived 10 pre-.
pare assignment paTcu On favor Of Aiiss
| Turner and died withIu on hour anu "a
hali alter attaching her mark 10 tue
| instrument; that SHE was scarcely able
| 10 speak wheu she dii this, that her
sight was nearly gone, that the effort
required Of her even 20 make htr
mark exhausted her aud that SHE
simply allowed her hnni 20 inyOlun.
| tarily make the mark when operated
| by someone ul.e. The assignment
! included mo ty ON deposit with
Wells, FargoiG 90, $500, but
the assignment, n executed at all,
II Is CLAN ed, was Obtained by fraud,
undue influence anu Without consider.
alton, ana IL therefore null ami
void, Miss Barton mol bsing at
the time IN possession oil
her full mental faculties. The con.
sheraton for when the assignment
was made ia Miss Turner's iavOr Ii
claimed TO nave boon uu expenditure
OF a large sum uy her On account Of the
deceased IN her lifeline, iOT the pay
mont OF certain debts, etc,