Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1895-01-18
THE SUPREME COURT.
Attorney Arthur Brown Awarded lbs
$1,000 Compensation Claimed.
1mEDE APPEAL SET rouurAniSe
Three More Cases Arau.d Irdau Tho
City as Appellants 10 One
Of Them.


iourned until Moniay next. The FOL
lowing matters came up at this day,
session;
nRowH uEI8 THE $1,000.
Ia the matter Of the petition o.
Attorney Arthur Brown, asking foraf
allowance Of $1,000 Tor legal services
rendered to q former receiver OF DO,
late Corporation OF the Churon of
Jesus Chust OF Latur.day saluta.
Drank II. DycD, Chivi Justice Aler
Iit tails morning announced that tb,
court was unanimously OF opinion
that the proper way Of proceeding wa.
by petition, aud that the petitioner wa.
entitled IN tho remuneration claimed
ny him.
IL wnl therefore ordered that lh,
former order Of tue Supreme Cuur, dc.
nylng the petition bg now fetusIi,,
aud that the present receiver lg0I3uol
John II. Wiulerl pay over o. Mr
hsoWn tue sum o. $1,000 yul OF the
funds IN bis hanJs
APPLICATIONS
Upon motion OF Judge r.. i. Auder.
s0u, James NJ. Powers, OF Iowa, was
admitted 10 practice ~ the bar D.. IN.
court.
The application Of n. &. Edwards
presented ~ Attorney 4. %. White.
mJf,l, 10 DO AdmittuI 90 urauucp iu
thit cuuri was referred 10 thu cXumlu.
lug c0mmittge.
gHE umUE APPEAL.
Judge Cherry, counsel Tor the dc.
Tense IA the casu Ui Charles rhirIs,
under acuiouCu Oi death in tue psuI-
IunuaTy, WIS ustcl by the count
whether February .IfI would suit uIm
us the date tor huBruH tho utiuutanps
hpprnli aud bio fOuly was in tho
affirmative. That $3.50 was therefore
gu'oru.i leave being given counsel to
uiuA typvwfittrn UuvL
THE CITy AS AprILLAN1S
The hut calo argued was that OF
George I. Peay plAluuu anu respond.
cut, W. 5alt Like CITY ct al, defendants
anu appclIsur.
App,aIifom the Firt dt,fIc,-J Judge
II. W. Bmlln.
Richards a Richards, Sutherland q
hOwHt aud City Attorney uugu rcprt.
tcutgu the appellant; Attorneys NJ.
NJ. Warner anu Ira ". keuwarl M.
puatUI iJf lhr respondents.
The ucll0u YVES iUf d nuisance, plain.
ga, 10 tue owner u some 900 acres
ui laad on the gutt bhnk OF Uan lake,
OF which Jordlu river 10 tur outlpt,
alleging that tho defendants wrong.
fully erected aud maintained dams
norJtH that river, thrtcny stopping the
natural nov anu eau lux the lake 10
overflow his lhud, dana sing III. crops,
preventing the growth Of crops, inlur.
Jog tue sJu aud rendering The place
unhealthy. The amount claimed a.
manages wnI 5000.
In their answer tue defendants set up
n ught 10 erect dams Ia the Jordan
river derived uygfaut IN writing from
tue piniuuu nud others. THE, they
claimed, entitled them 90 pUrpciuuIIy
maintain the dams anu rGise tue water
of utsn iakB 90 height Of
oJi iuuuus above the low water mark.
luvy hold that tho dams have boon
maintained lu accordance With such
giant, anu not Do uAcJss OF 30.
The COur, charged Juo lucy that the |
lu.cuJuuis were NOT llauic Tor any
damages which uususvi Tor the main. |
lnucucu Oi the dams al n height OF $50 /
Inches, but Instructed tucm 90 mud tug !
Issues for piaiuul 90 satisfied lhgttury !
were maintained ~ % greater elevation /
To TUE charge tho dpIunlaus except |
cd.
the Jury found Tor the ulalnIl, |
nfsCfsing his damage 30 o. 100.
ANnHH... o.. q. -. g..
d number Of grounds, Including newly |
discovered evidence, misconduct OF the |
jury, exucsalvu DAMAGE ana insult. |
cheney Of the evidence 10 justify me /
verdict. Various errors IN law were /
also assigned. Tho motion was over.
ruled anu defendants appealed.
AsTo a ruHCHAsED SHARE.
Hector w. Haigh, plaintiff and
ftspoudrni, W Chas. H. Pearson, ue- /
iunuant and appellant.
Attorney NJ, "a, Kahn aud Judge l
Anderson for the appellant; Attorney 4
Johu M. Zane nud sawyer a putnsm
iyr the fupJnJeui.
Appeal from the Third dislriot-ex.
Chief Justice Zane.
Plaiuun HilcgrF that he is one of the
heirs aud devltegs under the Wiiluf one
Hector &. Haght, late OF Davis cluu.
~ Utah, anu entitled By the pro.
Visions uf such VIII 20 nu Undivided
ouu'clghtL % the UsthtUT's cstatr,Whiuh
was nor 60 be- distributed until all the
minors hUlrs uamp of agr; that the
t-lalo 10 gtili la the possession NJ the
executor that Alma Duane HWgut
Jagged ~ was also Ouu 10 the HrylsBus
under the Will; that plainun employed
the defendant 10 purchaee Aima's iu-
lufest Ia the estate Tor him 49, reason
hblu hgure, agreeing 10 Temuutralu
him Tor such sufyicut. Defendant, he
tay8, effected tho purchase in bis
name, hut persisleutly refuses % make
tho transfer 20 hin, claiming that hu !
Purchased the share On hlE own aC-
count.
The court below granted the prayeJ
OF lhu complaint, udlud ling that tie
uriendnnt Pearson held tho share O.
Alma as plaintiffs trustee, and ordered
That Pearson convey the same 10 hlm,
The present appeal II from that luIg-
ment anu an order Overriding the
motion 10 amend. Various errors IRE
specified.
A "MUTuAL MISTAKE"
The case Of Edith b. Richcy, plain.
tu and respondent, W Joseph CLARK,
D'leniunt and appellant, came here on b
appeal from the Fourth district court
uigo Miner IL was tried May 70,
'atll before O jury,
Evans & Rogers and A. "a. HON
Eyfo attorneys Tor tho appellant a