Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1894-04-20
THE DISTRICT COURT.
A LAND CASE FROM noUNrIFUL.
Matters VI Brief Mctt'on Before the
Two Judges. TOdaj's
Probate.

The trial Of the $4,000 damage suit
brought by Joseph H. Slater against the
u. y. Railroad Co. WINS resumed be.
fore Chiel Justice Merritt nuI Jury
this morning in tue rhiri district
court, when further testimony was aI.
duccd. The plaintiffs side Of the mot.
ter rested ut 1910, wien Attorney =.
l.. williams, on tue par, Of the defend.
ant company, msyci the court 10 in.
struot the jury to Mud a verdict Tor the
defendants. Counsel then proceeded
to present. certain points VI law In
support Of bic application and to
direct attention 90 certain admissions
ia slatet's oyidu. co 10 soon developed
that the Arguments pro aud con
arising cut " MI wilIiama's mo.
ton were likely TO consume
the whole Of tho forenoon, and
therefore Judge Merritt was disposed
20 show some consideration tor the
Jury, Instead OF req uifiug the twelve
90 "nit QUIZ the thiH uf the lawyers
hls honor excused them until = pm,
reminding them, however, that thcy
must not allow any person or persons
outside o. talk with ur influence them
90 the subject Of the trial.
~ two O'Clock tho Jurors reported
thUmtcIyeH, but hH the arguments
Wufu likely 10 occupy at least nuoth rr
hour, hlu honor further excused them
till tue hour Of three.
The facts were reported IN ycslur.
days NLws. Tho plaintiff while
working In tho lumber yard Of Mason
a. Go. about three years ago was
knocked down by QUO OF tho com.
pany'a trains and uls foot badly mau.
gloi. Ia bringing his suit Tor nmagos
he alleges Carclc.sucss aud uuEugonce
on tho part Of the Defendants EN-.
ployos.
sUSDmEa
The case Of Angel bros. W Stephens
q Schroeder was dismissed al defend.
ants costs.
That Of g. l.. Hanuamau W the
Bast Terry Mercantile Co. has been
oontinuod for the term by c1usont.
rnE SHEEP QUESTION.
In Judge Bsttch's division, the fore.
noon was taken up with the arguments
OF counsel In thu case of Jonas n.
Erickson We Henry j. aud lasac ID.
Lflckson, administrators " tho estate
OF Peter EricktOn, deceased, tho trial
Of which began yesterday. Tho plain.
iih alleged That on October 30, 1856, ho
entered into an agreement with Potter
Erickson, 10 whom he leased 900
head oi sheep, Tor the term Of i've years
from that dhIe. 10 IL out OF that deal
that tue present suit arose.
The arguments had rot concluded
III y. m.
DISPUTE ABOUT LAND.
The case Of Joseph Holt Va Charles
l.. Pearson came next on the days |
cali In Judge Batlch's division. Tho
action was brought 20 recover tho sum |
VI slisl5.7b, Interest thereon from
June lsi, 1891, anu costs alleged TO be |
Tue as the net balance OF money pald |
by plaintiff aud other pursons |
10 defendant Tor the procuring oil /
deeds 20 certain lands Ina houn. /
iiiul addition townsite plat. IL 10 |
claimed that Sl,8sItO was paid 10 |
Pearson IA excess VI the amount 10. |
lulful Tor the deeds, lhHt lie has |
refunded the sum OF glGs.75, leaving |
unpaid the balance sued for.
Plaintiff sets forth that In May, 1891,
the uc'ondant, ut Bountiful, repre-.
scented 10 himself and Others that he
was the agent Of tho probate Judge Of
Davis county, Utah, f1f tbs collection
VI fees anu expenses for procuring
deodH 10 lands In the additional plat
Ab0ve named, and that the c0sts for
these Per lot aud making survey was
.42. Relying upon these statements
plaihun paid 10 him slGS, aud tue
other persons their proportion. II IL
now stated, however, that tho charge
should not have exceeded So Ter lot,
h required by the laws u Utah. Upon
iemand being made Of him Ia March,
1902, Tor the return VI tho amounts paid
Ia excess of the s., defendant refused
10 yield, but, COnlusging his wrong aud
he inc0rfUolnetH OF bic Representations,
he In the same year returned $3.50 per
lot OF the sum unjustly collected,
amounting Ia the aggregate 10 tl6s.76, |
leaving the net balance now suul for,
he other parties Interested having
assigned their respective amounts
10 plaintiff.
Attorney Il. ID. Winters appears for
he plainul and Coin. A. N, lkaighn
OF the defendant
M1sCEILANEOus.
james il. Smith ct al Va Salt Lake
City. la this ease, which will BIO
a. the old conduit fuit,
Judge Hoge (city Attorney asked for
md was granted nine dsysi additional
lime 10 prepare statement on motion
or a new trial.
Peter Brassard vs. Goo. w. Keel.
This case was dismissed, having been
ettlod out OF court,