Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1894-06-29
THIS THE LAST DAY.
The Territorial Supreme Court Closed
Up This Afternoon.
sALTLAKE COUNTY AsAPPELLANTs
Interesting Point as 10 Gafni,hment
PrOces-Othor Cases Argued
-Opnions.

luulutu uulll Inc buu OF july n
number Of opinions on appeals argued
during the present term have ye, 10
come down. The following business
was transacted today;
tx TENSIONS Oh TIME.
Twenty days further time was grant.
ed and remittltur stayed 10 the damage
suit Of Elizabeth b. Tucker W Salt
Salt Lake city (rhird districl).
Richard Flint W. a. "A. Nelson 1t oil
Fourth distrlci.l 10 this case the 70.
mllIllur was stayed twonly days
longer.
AN Old, FAM LIAR NA1fr.
Ex.parle George q. whitmore. The
motion TO yAcalo order previously made
allowing an appoat TO the Supreme
Couri Of the United stntos was sub.
mitted, and the defendant was allowed
until the next meeting VI the court to
iilo answer.
but WITHOUT PREJUDICE.
The case Of Geo. r. Peay Va Salt
Lake City, the facts Of which were
reported Ia Yesterday NEWS, was
now ordered stricken from the docket
without prejudice TO n further hearing,
thirty days being granted TO file an
abstract.
rOOR AuDDLE,us5l
Attorney GoralI Jackson presented
petition ask ng Tor tho transfer Of Y.
5. Commissioner Middlumlss from
rooelo county 10 Salt Lake county. 10
was signed by number Of members uf
tue bar. Tue reason given by Mr..
Jackson Tor the requested change was
that la TOoeielcJuuty there was "noth-
ing for q commissioner 10 dO.n
The court took the application I'M
der adyistmsnt.
MINER SUSTAINED.
F.o. Grooms, appellant, W Ogden
City, respondent.
lnis wBs an action 10 recover dam-
ages for breach Of contract. The
| Fourth district court-Judge Miner
entered Judgment Tor the defendant,
and motion Tor now trial having
been 0verrulod the plaintiff appealed
assigning various errors. This was the
cass reported in these colur ma low
days since, upon the Arguments being
made. Plaintiff operated tanneTy In
the Junction city, and the litigation
arose Ia reierente 10 water claim Ou
/ the land.
Judge Bartch rendered the opinion
which was ooncuued In by Judges
Merritt aud Smith-Afiirming The
judgment Of the lower court.
A DISSENTING OPINION,
RfIn the case Of Edward o. Allen, re-
spOndent, VI Logan city, the opinion
In which was recently delivered,
! Judge BAftch now filed his dissenting
opinion, setting forth his reasons for
Observation-Disclosures with tho judges. The
plaintiff was summoned under the
laws OF the city, ho said, to work out
his poll tax. Ho Obeyed such sum.
mons and placed himself ia the hands
Of an officer who had charge VI the
job, lie was assigned 10 dangerous
position where he mad not been Auous-
toned 10 work. The officer who had
charge OF the blasting knew that there
were cracks on the top Of the bank and
that they extended beyond where
plaintiff was at work, but said nothing
10 him about them; aud the foreman
also failed 10 notify him, n, ~
marked his honor, the plaintiff
assumed the risks Incident to
his employment, could II be- con.
tended that he assumed the add.
tioDal risks Oi.innger 0ccRsiOned by the
blasting on tne previous day In hiH alb
sence, anu OF which no was In total
ignorance. II seemed 10 him that To
90 hold was 10 extend the rule too far.
lie did not regard this NJ case ia
which the rule applicable toa fellow
servant would apply and was Of opinion
that the record presented case which
entitled plaintiff TO recover
A VACATED ATTACHMENT.
The first case presented was that OF
Charles Crawford, plaintiG and appsl.
liant W Byron Sessions, as receiver,
and VIM. Crawford, defendants aud
respondents. Appeal from Fourth dis.
tTict-Judge Miner.
Judge MAginnis for the appellant;
Judge Rhodes for the defendants.
There was hut one issue involved la
this nppeRl-D Did the court orr In va.
eating the attachment On lanua In the
possession OF the receiver
The action grew out vi Transaction
between the brothers Charles and
William Crawford, the former being
the owner OF certain lands Ia RiCh
county, having exchanged the same
with tho latter for other lands. Al
, the time OF the exchange anu for long
afterwards Charles believed that tbs
, lands were unenoumburoJ, whereas
, they were encountered by mortgage
, hold by the JaTyla-Conknn MuTtga -
! 20. TOT about 50, 700. Recently the mort.
gage was iotrclosed, aLd the trans.
feTred lands were olosel. In the
spring Of 1898 WIN. Crawford suddenly
disappeared leaving large amount OF
personal property, consisting Of cattle,
horses, etc, and also a large ranch,
paTt Of which was the conveyed real
estate. Several creditors Of William,
after his dlsappeafauce, levied attach.
menta upon tho personal property, and
TOR It's protection Charles applied IA
the district court, Tor ihe appointment
Of receiver 20 care for tho real and
personal property OF his brother, and
this request WAS granted, After the
! sale under the Jaryis'Conklin mort.
, gage Chas. Crawford moved for leave
I 10 sus Byron Sessions, tho receiver
J ana VIM. Crawford upon his claim
1 | growing out u the transaction fTsl
b | referred 10. lie obtained writ
OF attachment, which WAS levied