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

the forenoon session, leaving the third
for disposal this afternoon. The day's
business L. reported below.
SUCCESSFUL CANDIDATES.
The committee appointed at the be.
Ginning Of tue presenter 10 examine
Az to the qualifications Of applicants
for admission to the bar Of this court
today reported favorably On tho follow
ing, who were allowed to come within
"the circle." Messrs. VIM. 9. Wells,
Jas. 4. Riley, Fred r. McGurrln and
Jas. n. Anderson.
Also ACCENTED.
Upon motion Of Judge Anderson,
Mr John T.. Wal, Of Illinois, was also
admitted to practice here.
JUDGE ZANE REVERSED.
Joseph Coblcnt1 Ut al, appellants, Va
tho Duyer Mercantile Co., respon.
dents.
This action was commenced by the
creditors Of the iasDlvUnt mercantile
corporation Tor the purpose VI having
deed Of assignment Tor the benefit Of
tue creditors spt aside, Tor tho HppJlnt-
ment OF n receiver and the distribution
OF tie insolvtnt estate. Tho assign.
meut was attacked on the ground that
10 wac made with iuteut 20 hinder,
delay aud doiraud creditors. Certain
fraudulent preferences In tho deed Of
assignment were set out, among othefs
one 10 w. II. Remington, assignee.
Tor f2,g25. bennington was mAdo a
defendant and answered. The court
appointed receiver, hut UPON tho
hearing u the case rendered Judgment
tor the defendants, discharged the re-
cuivcr hnu dire ttd him 10 deliver
the property Ia his hands 10
Remington as assignee, % bo
distributed under the deed Of assign.
munt ~ changed aud modified by the
court. Among other things the court
found that the preferences Ia the deed
OF assignment In favor OF Remington,
tIr the amount above named, was not
"a val.d claim against the insOlveut
estate; that the claim was included In
the deed with fraudulent intent on the
mart Of the assiguOB but that THIS was
not known 10 Remington.
Auor reviewing the case at some
length, their hOnUrs said that RBming-
ton was not creditor u the lnsOlyent
corporation at all; u owed him moth.
ing, aud yet made a decd 10 him by
which ho was created creditor for
s2,226; nr : he was by the same insttu-
msut preferred for this against tue
bona hide creditors. IL took no argu.
ment to show that this was fraud In
fact as distinguished from fraud In law
and Il seemed 10 this oIuTt that, under
the facts found, II Remington did not
participate In the fraud, ho must have
purposoly avoided learning tnat which
it was not to bis interest 10 know.
The Judgment Of the lower court
Judge Ziurl was reversed aud the
cause remandei with directions 10
enter judgment In favor VI the plAiu-
TN; appellants 10 recover their costs.
Judge Smith rendered the opluion,
Judges Merritt, Miner aud Bprtoh
c0ncuting.
MiSER ALSO ursEr
Edward o. Allen, respondent, ii
Logan CITY, appellant.
Inis acton was TILED In Judge
Miucr's court Fourth district), Allen
having suui tue appellants 20 recover
damages Tor an Injury which ho sut'
tanned while working at the under
mining OF n gravel bank, a portion OF
which feli upon him. rhu jury, found N
HE favor for $4,000; anu this appeal
was from the denial Ol the motion l0l
new trial.
rhoir honors held II was clear IN
principle anu upon authority that this
accident was ono Of ordinary risRi
which the respondent assumed when
ho entered upon his employment, aud
ior which tbs appellants could not b'
held liable. In their opinion n non
suit should have been granted. tn,
Judgment OF the trial court was Their,
fore reversed, aud the cause remandel
with costs, with directions 10 grant ,
new trial.
Opinion by Judge Merritt. Judg,
smith concurfou; Judge Bartch DIS
scented.
REsrEclIsG LIEN.
James II. SpatgO, respondent, Vi
Fritz T.. Nelson, Hans &. Hansen, tht
Ecoles Lumber Co. anu 5. II. Boiuap
appellate.
luis suit was brought IN the FUurll
district cOuTt-Juugo Minef-tO 70
cover debt OF 81, 400 secured by
mortgage Oh certain real property an
20 have tho mortgage declared TO DO {
lien prior and superior % certain
mechanical lien OF the defendant
Ecoles Lumber CO., flied Tor reCOf,
alter the mortgage had been died.
Their hOnOrs were VI opinion thai
the facts and circumstances OF the case
AS appeared both from tho pleading
ana record, were Of SUCH nature as u
constitute an estOppel, aud that there
fore the lien Of the appellant company
was subordinate 10 that Of the respond
ent. Judgment nilirm
Opinion by Judge Barlch. Chic
Justice Merritt anu Judge smith con
Cured.
SMITH OVERTURNED.
Mammoth Mining Co., appellants
VI Juab county anu III, II. McCunt
respondents.
Opinion by Judge Merritt, Judge
Miner and Bartch uOnourring.
This Gaze was tried In Judge Smith
court at Provo, aud the action wa
based upon an alleged wrongful esseBs
msnt for taxes Tor 1890 by the county
assessor oi Juab county, upon certaii
portions OF machinery on the ap
pellants' mines, Under tho TAI
80 asst6sUu respondents levied Ol
certain personal property OF the appel
lRnts, 10 save which ir0m sale they
under protest, paid over tho sum q
$3.50, together with Sll ms costs Of levy
suit was Instituted to recover TN