Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1894-03-28

Both judges OF the Third district
court hsvu DO .ul working up1n the law
uui motion oh.cniarusaln tolny.
usrJuE IvDIE MERgur
In the case Of BEETLE schmidt Va
Ferdinand schmidt, au order u
funiciuol un ain laws whsmaIe.
rbul People Va James Nicholson
convicted recently ni mpol Tue
motion iura new Trial iu this casl was
90, i1r heating ON tlt 3Itu inst
Jl.la a. huierp1 ". Charles n.
5kowes. Argument hal ON iomurrou
To- complaint
The plainI1 Ia this ciss rolldaa in
Cook county, Ill.,, the defendant being
a member Of the we'll knowh firm Of
Ssswoi g. S5u,unIertakers,of this city
aomu time since Mrs. Anderson pur.
chased from the dciouiaut clt.aln
burial csikri Tor The sum o. sisJ, the
same being required for the n0dy Of
hur brother WIN dioi la this city, aud
whose romans were later shipped 60
the city Of Washington. Mfs. AnIof-
son says shr expressly informpI the
defendant that she wanted caskut
OF tho best quality, and that the body
would not be- removed from Salt Lake
tor several months later Defendant,
HuU sthtcf, TuuflsrnteI this particular
/ cA8d,t ~ TO OF the kind best suited 20
| the pufpusr-uf rolled steel, air tight,
metallic. But shr ayers that Il fell
] iaf short Of There representations. The
! body was temporarily deposited Ia ono
Of thu city cemeteries, but when taken
~ again tile casArt was found " DO
| leaking tho alt had penetrated through
| the detective portions, tue BODY vas
/ "iucAyuI nud pulfil," and tfanapOt.
tniluu was rendered impossible until
the remains could be further secured
aud sealed. Great difficulty was ex.
ptfcncoi she states, IN keeping thc
bottom from falling out VI the fcCop-
thclu during shipment 10 Washington,
anu tho whole thug was 'sO fruil anu
rotten" as 20 entail extraordinary care
aud additional expense.
The defense put Ia one general aud
two special dcmuffcfs 10 the com.
plant
After argument by Attorney Richie
on behalf OF the plainun aud Attorney
J. II. B1wdlo ON tue part Of tue de-
!
cral demurrer, which set fOrth that tho
complaint did not state facts sum Client
10 constitute cause Of action, over
ruled the irst special demurrer - an
item VI $40, claimed 90 have been the
difference in the cost Of expressing the
remains % Washington owing 10 tho
delay OcCasiUuuI ny the detective
casgei; aud sustained the second special
demurrer 10 an item OF $500, claimed
~ damages Tor the plainun's "mental
suffering anu sickness" owing " tue
SHOCK 10 her feelings.
BgPOEE JUDGE nARTcH.
La tho Cato Of Henry Fares VI tho
! Park CITY bank, yesterday submitted
on demurrer 10 complaint, Judge
! Bnrtch today sustained tho demurrer
AMI allowed ten days 10 amend.
Dratrp, National Bank W w. 3.
Barton el al. Demurrer 20 complaint,
submitted yesterday, sustained.
Th0s. Cupt Va Park CITY Bank.
Motion 90 dissolve attachment still
further argued.
IODAY's PROBATE COURT.
Estate aud guardianship Of Frank &.
FOote, a minor Hearing on guardians
account and order made allowing
same,
Eslate and guardianship Of Pearl
Fowler minor. Continued I'll April
gfi.
Estate and guardianship Of Alice T..
F0oig, a min0r, Hearing on guar
diane account and order made allow
tug same.
Estate VI Henry &. Fowler. Com
tiuued ull Tuesday, April 3fd.