Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1894-12-29
IN THE LEGAL MILL.
Decision Against tho Fire and Police
Commissioners.
RULING IN me rEAspgL NATTER.
Architect Kern Committed for Contempt
-kailroad Cases--Ihc County
sheriff Dispute, Lite,

tpoouly run through, the tWO JudgtH
bavlug concluded their msrniug's
work shortly alter N O'Clock. Only
ordinary matters ~ tho nature Of
motions were take ny, but Chief
Justice Merritt paSsi upon several
important oatus whlch had been pre-
viOualy argued aud submitted h him.
NEsLEN vs. TEABpEL.
In The suit Of William Il. Ne,len Va
Samuel 4. roasdel Ut vi, heard about
5Wo woeke ago, Judge Merritt now
ordered that the trust devolvlug upon
toe defendants, joseph Coos htgan and
John H.. D0Jly, by virtue Of the IN.
slrumcnt Of assignment dated October
2Srd, 1894, made 10 them by the de.
PENDANTS Samuel =. Tossdel, Albert
ID. Teasdel ana Francis II. Toasdol, o.
oo-parlnUfs under the firm name Of
Teasdel d Sons, and also as indi.
vlIuala, directing the payment
Of the partnership debts us provided TO
said Assignment out OF the partner
ship aasttsi and tho payment Of their
several individual dvbta out OF their
respective Individual aascie, be admin.
isteted aud carried out by the defend.
ants GuoRhegau und DOUly, under the
supervision aud control Of this court
Ia 30 far that they, IA executing their
said trust, are hereby directed 10 pay
the claim owing by tho partnebhlp
arm Of TuasdUl & sons 10 the dtIcul-
ant Wells, Fargo q co. out Of the pro.
cecda In their hands, derived by them
from the sale Of the partneT8hip assets,
rnd 10 tako up aud hold, subjoc: to the
further order Of the court, the mortgage
security held by Wells, Fargo q 20.
upon tho individual property oi tue
defendant 3. p. Toasdol ~ collateral
security for the payment 10 Wells,
Fargo d Co. OF its claims against tho
roasdei Grin. Mcssrs. GooghUgan and
Dolly were further directed, In carry
ing out and executing their trust, that
the plaintiff must be- olABscd aud oUu.
siterci "a a creditor OF the defendant
5. T.. ToAsdel individually.
THE FrREMEN WIN.
In the matter uf tho corllorarl
y uceedlngs instituted some time ago
81 VIM. Gilbert and J. J. CLARK
anst the B0ardiof Fire aud Police
UmissioneTs OF Salt Lake CRY,
d, ltoioru argued aud submitted, the
cuLN now held that the board had cx.
ooodud IL authority anu juTlslictiun
IN dismissing the petitioners from the
service Of tho FIRE department nnd
therefore HnnulleJ gnd act aside thu
order.
An exception was taken on behalf OF
the defendants 10y CITY Attorney
Hoge, i've dsys' stay beiag granted.
COMMITTED FOR ooETnnr.
In the divorce suit Of Anna 8. Kern
vs.. NJ. ID. Kern, tue defendant now
appeared 10 show cause why ho should
not be- committed Tor contempt Ia
having failed 10 pay temporary
alimOny, etc. He was repre-
scented by Judge Anderson and
Attorney Kroegsr. Judge Anderson
sail the defendant, who IN an Atchi.
tect, was nj this time wholly unable TO
comply with the o0ufpa order, hat
hoped 10 have some money by about
January l5lh, until which cate he
would like the case 10 go over. On bo.
halt u tue plaintiff Attorney John NJ.
Cannon sought 10 show that there
were certain articles u iewolry, ETC.,
belonging 10 the defendant which
might be turned TO account He de-
clarud that Mrs. Korn, who was en-.
tirely without means, had been AM
nOyed 10 a great extent Attorney
Kroeger was examined nH 10 the de.
fendaups lowelry,oIc., aud the defend.
ant himself was also called ~ the
stand. The latter stated that no had
received from s25 10 $50 only as pro-
ctodH from his profession since. the COM
muu cement VI thia action, but Judge
Merritt expressed an opinion that Kern
"had been shuilllng MI the timer and
directed that he be- committed 20 tho
custody OF the U. 81 marshal I'll the
hlimony 10 paid, In accordance with
the oourps previous order.
Tho Defendants attorneys tried hard
10 induce the court to reconsider his
decision, but without avail, anu Kern
was turned over TO n deputy u. 5.
marshal.
GENERAL ORDERS.
In the matter Of tho t6tRtc OF Mlllen
Atwood and Amelia A. sutton w II.
q. Atwood ~ al, the motion Of the
defendants 10 have the case placed
upOn the equity calendar was allowed.
In the case OF W, Van Cot W
Otherus p. Pratt, the motion Of
plaintin Tor judgment against Salt
Lake City,ns garnisheo, Was 0ycIIuled
ana an exception entered.
In the case Of Joseph Goddard W h..
h. Parsons ot al, tho arguments In
which concluded on phurBdayi the
demurrer 20 complaint was sustained
ana an exception entered.
A, a. Jones W J. =. Grow OF nj.
Five days additional time granted In
which to answer
b National Bank Of the Republic VI
Hymm 9ruesbtck IT al. Leave was
gwen the iuteryenOr la this suit, W.
3, McCoruiCki I'll Dec. 3lst 10 nie
complaint.
In tue caso Of II. p. Lewis vs. Harvey
HARDY, tho county sheriff cleo, AttOf-
ney Arthur Brown hleu motion 20
uuhsh the summons, anu pending tue
hearing Of tho same on January 3rd-
the date srt for the trial OF tho action
on It's merits-a stay Of all proceedings
was granted,
In the divorce suit Of ThiIE' ".
Angel Va Albert Augoll, Attorney
lie Grand Young, ON behalf OF tue
defendant, Withdrew the answer anu
oonaented % decree tuing entered Tor
the plaintiff in the event OF tho de-
mand Tor alim0ny being waived. the
divorce i8 sought on the ground ul
failure to provlte aud the amount Of
hImouy prayed .0r ~ $40 per month";
The date Of hearing has not YET been
yet.
The case OF Foreman Va. Updegrai,
the facts OF which wefo given Ia these
"a. at I.