Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1894-07-09
THE DISTRICT COURT.
Judge HsrrII's Ruling Is Against
Justice Peter L0ChrIe.
"Doco NUM- AND HIS "BlAcK OIL"
Divorce Granitd.-necisiOn In the
Pembroke -DeWOody Case
The Dyer suit

sUciation va Justice Of the Pc4c
Locarle, the arguments In which wen
made n week or more ago.
His honor remarked that he hn,
studied this case with great care ant
devoted a good deal Of time 10 Il
| There were two questions raised here
In. The fifst was as 10 the jurisdiction
OF Justice Of tho peace 10 Try
actions Ia which thu sum iu
volved did not exceed $500; aud in the
/ speoificnupn Of such Jurisdiction,
| among other clauscs In the statute dc.
! nuius the same was OuU providing TOT
injuries q tuo recon. The question
therefore waa whether that would Ia.
Glade personal Injuries occasionei by
libel or SANDER He was clearly Of
OPT llOn that the section Of the statute
referred ~ personal or physical Ia.
Jur.Us-iulurius 10 the pemon-aud
that Justice Of The peace had
no Jurisdiction ia this particular class
Of caFes. A. 10 the second and more
difficult whether tho remedy
would lie by writ OF prohibition, on
IN examination Of cascs previously
decided by the supreme court Of this
Territory his iml russion was that The
writ IN such cases would not lie. What.
ever his own individual opinion might
be on thu matter, IL waa not
his Intention 10 mako any rul.
ing contrary 10 the decision OF
tue Supreme court Of tho
territory; therefore ho iolt impelied 10
sustain tDu demurrer, bolng bound by
tue supumc Courps holding
Attorney NHfian, Of counsel for the
MeTOhan ~ Protective association, said
-Aa tJu record II IN such shape that
an inspection OF II would not convey
tue views taken by tho court, 1 am
persuaded that " the opinion OF The
court was laced upon II these magit-
tfates, vt Justice, would follow the
Judicial Indication.
Judge Alerrltl--My opinion Il that
magiH.raica have no iuTIsIiCtl0u IN
this class 0f cases. but the Territorial
Supreme court says they have a plAin,
adequate ami speedy remedy ut law.
Having said thnt am Of c0ufss
hound by the decision. As 10 whether
! am right or wrong h. another thing;
but l am not going ngainst that DE-
cisiou.
THE lRvfNE DIVORCE CASE.
Attorney W. H.. Dickson mentioned
the divorce tuit of Irvine W
Irvine, saying ho would Ike o.
rave tho moilyn i0f new '-ial set
down for hearing on tho can InsI.
Judge Merritt, Ia Tue pro1but uucrI-
tain condition of business iu the courts,
did not, however, seem disposed 70 stt
any definite date nj present
4 DIVORCE,
On the ground Of failure {, provide
Elizabeth a. Smith, lady about
thirty years Of age, was granted n di.
voTce from her husband, Amos Smith.
Barlow Ferguson was the petitioners
attorney. Tho parties iniermarfiod
on October .8fd, 1855, and there h
one child, Willard J. They formerly
resided IN Summit county, bus o sep
aratlon took place abouttwo years Rgo,
since which time the defendant has
not contributed anything towards the
support 0f hi vile and lntlu ono.
THE rTMnROiSE.DE wDoDEY MATTER.
In the case Of SA,th }, Pembroke ".
j. 4. DuWGOtey, submitted iast week
upon motion Of the defendant 10 ole.
miss the action, and CA motion OF
plaintln for judgment quiulins
uue, the motion O. diHnllss
was now 0vrIru'el, ana that
ns 10 title gtauief. The clerk was or
dotCd TO ppy over the funds 10 plaintiff,
less HE 1.-The cletk'sl Q als.
TIM DYER NATTER AGAIN.
Ella r. Dyer tSoariesl W II. T.. Hen.
deis0u aud =. l. Williams. aiminis.
traiofa Of tho estate OF Ffaug II. Dyer,
deceased. Upon st'pulati1n,a anu on mo.
ton OF Judge Henderson, this action
was dismissed.
FNTENaON or TINE.
q. T.. Culmet VI +. d. Clift OF al.
Extension VI thirty days time ~
winch TO settle statement on motion
tor now trial, from June %.
The caas OF hmAu1a A, Bartch ct
al VI j. w. Whitehead Jr. Order 10
show cause, originally set down for
hearing today, was postponed I'll next
Monday, on application Of T.. l.. vii.
llams, this deiendanps attorney.
MUTioS FOR AZ INJUNCTION.
The only case leit Tor hearing today
was that VI Charles w. Mum, vetorin.
Hty surgeon Of this city, W. Charles H..
johnson, OF the arm Of Johnson,
Pntt & Co, dfugpisis.
AAn NAHlAAA was ltNlthtUltA lN
Judge Dey anu the defendant by
At ornoy a. u. Pratt.
Inc action ~ hr ught TO obtain a.
injunction restraining the defends Mt,
his ngents and others from using ~
cgunug - be- used the words "blac
oil" upon any label or Wrapper
Tor bottles, boxes, or packages
OF Imminent as distinguishing
mark, or aa part Of any circular or cir
culars, show cards, or Advertisements;
and nom exposing Tor sale any lini.
ment having the label "blaCk OIL"
upon II; also from initiating or ceiling
the same Kind NJ linlment or com.
pound no that manufactured by plain.
IN. It's further a,ked that defendant
br ordered 10 render sa account Of all
his sales u "0lack OPP 10 alleged 10
nave been irauduluuty compounded
ana vruded by him during the year
1892 aud since that time, anu 70 pay
over 10 plaiutin the pods OF sucn
sales.
rhe arguments this m, rniny were
bad upon the application Tor n tenn
poraTy Injunction pending the trial Of
the suit anu on the demurrer TO com
plant; and tho court, at lhoir oouclu.
zion, took the matter under advise
maut.
For Dispensing Rioters.