Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1894-06-28


exempt from taxation.
The Judgment Of the lower csurt WA
reverseI aud the cause rrma1gei viii
directions TO grant new .f.al.
A wmE's COMPLAINT.
Phyllis ~. Cook. supoilap, .,
George Higley Jr, and tbe Niitli,s,T
Banking ".
Opinion by Judge Bartcb, Judges
Merritt and Smith coucufting. Tine
appeal wa from The Fourth district
Judge Miner.
Tue court below sustained do.
mutfef 10 the complaint in this case.
flalnliu elected 90 stand by hts com.
plant, which was thereupou dismissed
anI the costs taxed agaiust her.
lhe only material question raised
~ lhis appeal was whether, ia case
where the husband conveyed by deed
premises occupied ny himself AMI
family asa homestead without being
joined 10 tho conveyance 10y the wilt
tue same being against her wil'-.hr
VIE was entitled % the possession of,
anu % occupy as house for hetseli
ana family, the premises thus cOu-
veyeu during the term Of her life, a.
against tile rights of the grantee OF the
husband. La this oasUit appeared that
the title ~ the premises In controversy
was In Thomas Cook, husband
OF tho plaintiff. He sold the
land TO tho defendant Higley with.
out the knowledge or consent
OF his wiisj Higley then went into
possession aud, 80 lar a. appeared from
tue record, without objection on the
part OF the vendor VINO, It seemed,
quit the premises.
Their houOrl remarked that while,
under these circumstances, the pisiuii1
.ull retained her Fight vi dover lu the
land which would accrue Rt bis death,
yet they were Of opinion TINT sGr h1I
no hight o. possession therein which
would eniitlo her 10 recover in tuls
action. The demurrer, Therefore, was
properly sustained, the husband being
Sill alive.
Judgment affirmed accordingly,
a QUESTION Of TANEs, EIc.
The fret case argued was that Of
Daniel hnmrr, tax collector Of Weber
| county, Utah, plAinuT amt appellant
| counsel for wnom were II chsris a.
Mcmillan AMI Brown q hondefsoul,
W Weber county ami Joseph T.. Led.
/ wldgC, defendants uud rrspoudCutf, on
" oso behalf Judge MngiuniH aud
Attorney A. j. Weber appeared.
lhis action was brought Ia the
! Fourth district court 10 obtain per.
emptOry writ Oi mandate u .ructiug
the defendant Ledwilge, county clerk
| OF Weber county, % credit tnu plaintiff
NJ county collector with tue sum
OF sl5. Sja57, claimed ~ bu Que 10 him
tor Territorial, school, county ami
local school district taxes AMI coHta Tor
which Ul5 certificates OF Sax sales wUTu
| July made 90 tue probate Judge Of
Weber county aud delivered 10 the
| county clttE, auu 0Ui duplicates filed
by the collector with the county re-.
cJrder OF Weutt county, credit there
! Tor demanded tut refused by fttu
clerk. The lower court GCcrcul that
the respondents (dcicuiants) i1r,hwith
credit tne appellant with ss,sIi.b3 on
tue assessment roll for The year 1898,
and ordered that "a pstompiury writ ID
mandate issue az prayed, defendants e.
ray the costs VI the suit. From thus
appeal judlmsu, Is taken.
A WRIT OF ATThcuuENr.
Thomas Cupit plainul and appel
iaut, vs. the Park City bank, Defendant
aud respondent.
W.I.Snyder and Powers aud SlrauI
for the appellant; Brown anu HonIes'
son Tor the respondent.
Appeal from Third distrlct-Juigg
Bauch-ifOm an order uiscuArgiug !
writ Of attachment, issued upon on
affidavit which set forth that the de
PENDANT had disposed Of its pro
pcrty with intent 10 dulTuul
It's creditors; further that the banb
frauduiuutly took PLAINTIFF $500
on June TN, 1898, well knowing 90
insolvency; aisI sum OF sS31,l2 iron
tho NJ. 3. Ascleim Mercantile Go.
with the same knowledge. This latte
claim was assigned TO tho plaintiff, ~
gethcF with Xix other cauteJ OF action
aggregating nearly $4,000.
a NUISANCE CoMrLAtSEp OF.
George r. poay, plaintiff auI rt
spuuueut, VI Salt Lake CITY Utah an,
Salt Lake Canal Co., south JOrdal
Canal Co., North jordan Canal Go.
aud the Draper or East jordan Cana
Co., defendants aud appellants. Az
peal from First iistrlCt-Judge Smith
Richards d Richards ami Juig
Huge for appeilanu; Warner a WaTuo
aud Ira w. kenwafu for respondent.
This was "nuisauCr" action
Plaintiff Is tbs owner and occupant o
upwards OF 900 acres Of land On th
east bank Of Ulah lake, OF which JOr
dap river is the outlet, ami he aver
that the doienuants have wrongful
erected anI maintained dams acros
such river, thereby stopping IL nututi
dow, causing the lake % overflow hi
land, damaging bis crops, pIoveniin
their growth, iniuring the soil an
rendering the land unhealthy. ID
PENDANTS set up right TO erect an
maintain dams erected In the Jordan
derived by grant Ia writing irOu
plainuil aud others. Ga tho trial NJ th
cause the Jury found Tor the plaintiff
assessing his damages nj $500. tn
appeal Il rom tue Judgment on tai
finding and the oyerruling OF the mt
ton for a new trial.
TnHo,sfy upnhotn FAINT