Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1894-01-18
THE SUPREME COURT.
Opinions, aud Cases lr5u.d Before
their HOnOrS ibis Day.
A QUESTION OF rrEs CONES ur.
The Freed Furniture Company Appeals.
important Cess under the soldiers
and Sailors Homestead Ac'.

The Judges on the bench Of The Ter
rltoual Supreme court during THIS
merning'a stssicn were Associate JUS
tices Miner, Bar,ch and Smith. At
tho opening Of the days bugiucts two
opinions we're handed down. one Of
thee was delivered by Judge Zane,
who then retired Tor the jay.
4 JUDGMENT Arr.HirD.
d. Van Wagner aud A.. Hn,ch,
doing 1usino.s under the uamp Of the
Midway Coop, respondents. W Fred
Barben, appellant. Judge Miner de-
livered the opinion, Judge Zane aud
BArtoh concurrlng.
Judgment was rendered in favor n
the plaintiff in u. 5. comn.nilnor's
court. AM ppsal was taken by Bar.
bon 10 the district court, but when the
appeal papers were deposited with the
c.erk thereof ON June 23fJ, 1893, the
docket ami jury fees weru not
paid. On July Gosh the reepon.
dent made this payment, how.
ever, had the ease uUckUiud
aud theu entered HE mUd1u 30 JHmlss
thu appeal under fuiu 90 thu court
whion requires tho appellant 10 pay
such docket aud Jury Itui within thirty
days after the receipt of the appeal
| papers, Appellant claimed that the
ui0llOn 10 dlHmias was rfumaiurlly
/ filUI Tor the reason that jus .3u iuli
/ on Sunday nud the 2i.u was d legal
/ holiday, anu that therefore uu was on.
! utlvd 70 all of tho Goth iu which 20
/ make payment
Tuolr nOnou now held that tho A.
/ peal wan properly dhm.stUd nud u'-
nrmud tho Judgment % tho lower
court, with costa.
ABOUT DisALLOwED FEEs.
Samuel Marie, appellant, W Ogden
Guy street Railway company, re-
spludeIL
rhea opinion was by Judge Zsue,
| Judges Bauch aud smith coucuffiug.
IL was All ap,csl by tbs plainun rom
"a Judgment u tho Fourth district
court, against tho do.uudant, on
n verdict Tor S5U anu s1O
costs. On motion u defendant
| the court thxrd he coals according 90
/ the lee bill enacted by thr Territorial
Legislature anu uisniloW l's f-rs Of
/ four witnesses, umuulung 10 $40,
because they mad Dot appeared before
tho clerk within lwOdayr alter triaiAud
| claimed tnulr attendance. To this
| ruling plaintiff excepted aud assigned
/ the same HH error.
Their honoTs found no error In the
record ant Affirmed the Judgment Of
the lower court.
JUSTICE NELSON DissATIsPED,
The case Of tho Kansas CITY Hard.
ware company, plaintiff anu foipond-
ent, VI James Nelson, defendant AMI
appellant, was fiut argued. Attorney
| q. NJ. Meyer up oatoJ Tor tho former
and Attorney Barlow Ferguson lot the
latter.
Plainlil hogan his action before ex.
COmmlaiouuT II. T.. Booth 10 recover
the SUN Ui STA Az the value Of goods
tolt and delivered 10 the defendant
VI Big Cottonwood la this Coun.
~. Summons was served upon
Nelson In Big Cottonwood precinct, o.
which he was resident aud there
acting NJ justics Of tue peace. lie ap.
peafrd be.Ufe tho commissioner anu
olj -cled 10 his trying the case on these
grounds, but this former insisted upon
doing 10, anu rendered Judgment
against him. An appeal was taken 10
tbs Third district court, but the oblee.
lions were overrulrd and the proaiuing
Judge (Zane, O.. ~ INSTRUCTED the Jury
70 hnd verdict Tor tho plaintiff TOT the
amount claimed, with Interest Hence
tho appeal 70 the Supreme court.
ALL OVER SOME CHAIRS.
The Hudson Furniture Co, plaintiff
and appellant, W the Freed Furniture,
etc, Co., defendant ani respondent,
This was also an appeal from Judge
Zane's court, from an order grAn.ing
The Defendant q new rial.
Attorney Benuur y. smith argued
the appellants case, Judge Henderson
appeared for the respondent.
IL was shown at the trial
that the plaintiffs travelling salesman
took vorDal order IT m the defendant
whereby plaintiffs were 10 furnish him,
FREQ on board cars at hudson, Wis, a
carload Of chairs, for the sum oi s4SS.
The goods arrived nj the Salt Lake
railroad depot bur defendant Teiutcd o.
receive them, Rnd the defense In an
action for tho purchase price was that
the contract was void by reason Ol ita
not being In writing.
DlsussED.
The appeal OF the Waite River Val.