Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1894-01-19
CASES ON APPEAL.
Tho Supreme Court Will 10. Sit
Again Till Tuesday BIL
PROTEST BY zroS'> SAVINGS BANK.
Dispute concerning q Water Right
PAyson Mllllncrs Register q Kick.
Notice to the Bar.

Al, the opening Of this morniug's
session Of the Territorial Supreme
court all tue judges were preSpnt, viz
Chief Justice Zane aud Associate
Justices Miner, Bartoh and Smith.
No opinions were forthcoming today.
NOTICE 10 ATTORNEYS.
Their hOnors announced that upon
The adjournment Of the court todny
there would be no further sittings until
tuesday morning next, and that cases
set for argument ON Monday the
g5nd, would DO postponed until Sion.
Jay the 20lh inst.
TuE WATERS OF RED CREEK.
Paagoonah Field and Canal CO., 1t
pl., plaintiff and respondent, W. VII.
liam Edwards, defendant aud appel.
liant. This was the first case argued
by Attorney Barlow Ferguson Tor tho
appellant ana Judge Judd and At,if.
noy Pfiestley Dennoy Tor the rcspoa.
douL
The plaintiff commenced lholr &C.
lion In tho Second District court
Judge Anderson, pfcsiding), the pur.
pOso being 10 obtain an injunction
against the defendant restraining him
from using water on his land nsrth of
the town of ParAgo5nAh from the
waters OF Rcd Greek. Tue defendant
illod ctoss-c1mplaint alleging that
D. 81 A..
had the right 10 usc tho water every
nineteenth day. Judgment was given
Tor the plaintiiis, anu the present ap-
peal Is taken from an ordBg. denying the
motion ior new TRIAL.
LEosARD AND THE TAXES.
sl5n's Savings Bank and Trus, Co.,
yihinln, aud appellants, w l.. J.
Leonard city tax nsstuior and collector
dtiruignt anu respondent. Barlow
Ferguson aud John NJ. Cannon were
ntl0rHoya Tor tho former; the respond.
uuiw was represented by Judge HOgc.
ihu facts Of this case arc doubtless aiill
irasn IN the minds OF readers Of the
NEws.
The action was commenced IN the
.litd district court Judge Ziucl 10
obtain permanent Injunction restrain.
iug the defendant, Ia his official
capacity from collecting certain poI-
lohs OF Tue taNrf, on tho ground that
tlty were Illegal for the reason that
.hu property on which they were as.
to.lei was exempt from taxation. The
relief prayed Tor was denied by tho
lower court aud from this ruling the
present. appeal Is taken.
ABOUT A STOCK oP auLLisERY.
The case OF Ella wimmor and
l,na Green, Ia partnership ~ VIM
inet Slh'sF' plaintiffs aud Tospon.
cent? W. Louis Simon ami Fred
,,.l.ioui defendants and appellants,
trading rs Simon Br3s, was ais6
argued. Attorney Pierce appenred on
n,halt OF the appellants; attorneys
Charlps Baldwin ana NJ. ~. Esiieye
were for the respondents. fAppeai
from The Third District Coutt-Judgo
Lauc.)
This was an action foran alleyeJil II.
legal seizure and the conversion 10 tbs
ueienignt's utc Of a stock OF millinery |
goods belonging 10 tue PLAINTIFF, who |
frsldo nt Pays0n, Utah. The inttsr /
place the value of tho goods At glOUO |
nges' Defendants answer that thew |
were worth sjss.is only, aud that
iei simon was the sole member OF
simon Bros. At tue time Of the alleged
convention. The unlawful taking
charged h donioj, anu counter
ll,lh n set up q tue effect that last
llor 10 ihu conversion plalntlns were
heavily indebted 10 Simon Bros. ana
unable TO pay, aud Therefore the
sisters asked Thorn 10 taho their
''ock, sell tho same aud give pfo.
,.p credit on theIr iudebtcdness.
ihe goods having been turneI over,
lrlrndauls say they sold them fof
'aas.ls, all they were worth, and
,iedl'td that amount 10 tho plaintiff.
'ho were then owing them on four
.fomlssofy notes Of 500 each, with
interest from September Let, 1890, at
pet cent per month. Tue Jury re.
urned "A verdict for s8j0.6s. Defend.
'hls moved for a new trial, but toe
notion was overfuled.