Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1894-06-12

1911 HNA AA"AaANsNe AAl AaatANaa ~
ported below.
ESOou DAVIS TO nE SHOT.
The mandate Of tho Supreme cour,
Of the United States In the case OF tbs
People Of Utah Territory Va Enooh
Davis was read ami flos.
The judgment Of the Territorial
Supreme court upholdlng that Of the
District court wna affirmed.
This will decide the fate Of Davis,
who was trioi before tho late Judge
Blackburn, convicted of the wil;ul
murder Of his wiio AZ Vernai, and sen.
fenced TO be SHOT. The prisoner Will
now DO ro.scntOnced, aud there seem,
but little doubt that his days are mum.
bsrei.
Also AFFIRMED.
Tho mandate OF the q. S. Supreme
court, In the case Of the Crescent Min.
Ing Go. W the Wasnich Mtning Co.,
was also read ana iilud, alilming The
decree Of the Territorial Supreme cour,
with costs.
THREE JUDGMENTS AFFIRMED,
Judge Bartch delivered the oourls
opinion Ia the case o.; John Evans,
respondent, VI X. II. Jonss, appellant,
Judges Merritt auu smith concurring.
Action was brought before a Justice u
the peace on a prOmiuloTy note; tho
cause was transferred 10 the Fourth
district court (Judgu Miner and ludg-
ment went i0f tho plaintiff fiT $3.50. 50.
This court found no error In tho record
aud affirmed the Judgment OF the
lower court,
Elizabeth u. Tucker ct al, respond.
ent, VI Salt Lake Cty, appelisut; ~.
peal IRON Third district oour,-Judgs
Zane.
This WAS tho case In which Mrs.
Tucker foil on an iron, glHss aud cement
pavement while the same was In
courio Of construction, on the north
eide OF Third South street, between
Main aud West Temple, aud sustained
| personal Injuries. Ia the lower court
damages 800 were claimed, and tho
Jury found Tor paibtin Tor $4,000. a
motion for now trial was ovuttuleu,
hence the appeal.
Judge Merritt rendered the opinion,
which was concurTed Ia by Judges
| Miner, Smith aud BaTtch. IL tnus
| concluded! 1--WE consider that the
defeudant corporation was guilty OF
gross negligence. The validity Of a
/ verdict by nine Jurors has already
been sustained by this court, aud We
now adhere 10 our former ruling. There
II absolutely no merit on the appeal.
/ The judgment Il affirmed"
American Publishing Company ap-
pellaDi, VI A.Fishrr ct al, respondents.
| rhis was an action by plainufi "
| recover s2O,sii7b, claimed TO be due
| on a written contract tor sketches Tor
| trade marx, bottle labels, etc. The
suit was tried before Judge Zane ami
/ occupied many days. rms resulted Ia
a verdict In favor VI the defendants,
the Fisher Company, signed ny ninB
| Jurors. A motion for new t!ial was
Overrulel; anu that brought the case
/ 10 this court.
The Judgment Of the District Court
wusatlirmUd. Opinion by Judge Smith;
Judges Merritt, Miner anu BarIch
oonCurrng.
MINiNG LITIuATiOM
The htst case argued was that Of
VIM. II. Whilohilli plaintiff And ap.
] " W
| Lowe, administrator OF the estate OF
| Muenfs (docsasrd), substituted. Joseph
| II. Walker, Samuel Il. Walker, anu tho
Meears Mining Co., defendants and
respondents.
Attorney Gerald q. p. jackson sp.
| peRred for the appellant; Judge ROyls
| represented the respondents J. ~. aud
| b. f. Walker anu tho MeeaH Co., anu
Attorney Thomas Adams appeared fof
] the respondent Lowe,
This was an appeal from tho Third
district court-Judge ZAut-'r0m a
] fnal judgment dismisslnK PLAINTIFF
complaint after an order had been
mace sustaining the Defendants de.
murTof thereto. Toe litigation arlsoi
out " a dispute In regard 10 certain
valuable mining properties IN tho
Uintah Mining district, summit
county.
FOR GOODS SUPPLIED.
Tho next ca0e on the calendar was
that Of tho Fred w. WgUll company, Of
Illinois, plaintin anu respondent, Va
tho Salt Lake CITY Brewing Co., de-
PENDANT and appellant
Attorneys ". Il. Dickson and w. q.
Hall for tho appellant; Attorney
| Frank Pierce for the respondents
Suit was brought IN the lowor couT.
| Third distfIct-J Judge Barlch ptosid-
ing) 10 recover S8,7i5.j6 anu Interest,
for g0ods supplied 10 defendants, Es
alleged, nj their request, the appellants
| only point Tor settling aside tho verdict
| and Tor a reversal OF the Judgment be-
ing that tl.s verdict was COncuTred IN
by only ninu Jurors.
10 REVIVE A JUDGMENT.
The last case for argument bore the
| title OF the Utah National Bank OF
Ogden, plaintiff aui respondent rep
rgs0utod by Kimball amt GilDertJ W.
Mills ii, Beaydaley, defendant ard
appellant, for whom Attorneys Osdoh
| hlles and Sutherland anu h0wSg AZ.
| peaTrd. THIS WAS a motion VI Uun
| Father Broom, aumlnlatratrIx Of John
| Broom, deceased, under section 50l OF
the code Of civil procedure, $3.50 Of tho
compiled laws OF 1855, 90 revive
Judgment in favor oil tho respondent.
| the case comes on appeal from the
Fourth uiBlrlc. COurl-JuIgo AiueL