Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1895-06-14
THE SUPREME COURT.
Opinions Handed Down IN Two CaSs
This Morning.
FARRELL GRANTED A NEW TRIAL
judgment Affirmed In tho u. Y. Tfus,
Go. vs. Henry wagncr-Cases
Argued To-day.

sion. one Of thca was In the case oi
ihe People Of the Territory,
VI Hyrum Farrell, appellant.
Farrell was Indicted snd tried for
stealing cattle from John Carver and
driving them TO Ogden. lie was found
gully and sentenced to imprisonment
In ihe prnllonliary. From this iu1g.
muut lie appealed.
The oDinion handed uown In this
case rovctsos the Judgment OF tue
lower court, on account 4 errors, and
the case 10 Eumanivd with directions u
grant new ira. rno opinion IL writ.
ten rs Justice slilh, Ia wAich all tao
Justice. conUlF.
la tue case " tho mi rhnm Young
trust company plaintiffs sud r.
sp0nionts, W. Henry Wagner, de-
ieudaut aud appellant, tho opinion
Ia written by Associate Justice smith,
Associate Justices BsftOh and King
concutring.
This was an action - recover rent.
There was verde, for plsinuir, aud
defendant moved for new trial. His
motion was ovorfuiod aud an appeal
was taken.
Tho complaint alleged the making Of
q written lease OF certain premises In
Salt Lake CITY 10 Wllckbn auu Turn.
bow. Tue rental was 800 pot month.
IL then alleged that doioudaut had be-
come tue assignee Of tue lease at some
l Tina IFlUT IA NlWfahasH laN1
| November /, 1899, ami prayed iudg.
ment therefor, the amount being $3.50.
The defendant admitted plaintiffs
tile u the leased premises, anu 10 tho
making ana assignment Of the lease,
a.mltIei also that he hai not paid the
fent for the period stated, but denied
that defendant had been IN possession
Of tho promises since September 30,
1891. He tuen alleges that about May
/, 1892, hO rendered the plaintiff $3.50,
being tue feut up to June, 1892, but
that plaintiff refused TO accept the
same, Informing defendant that thB
lelse had been forfeited, aud that
plaintii had taken Potsestion OF the
ptemises. judgment was entered Ia
the lower court In favor Of th8 plain.
tn, and defendant appealed. Tuu
Judgment VI the lower court was
plllrmed.
CASES ARGUED.
In the first matter taken up for aTRu-
ment today there arc two cAsrB, grow
Ing cut OF family quarrel over the
estate Of l.. III. Joaes. The arguments
were commenced late yesterday alter.
noon, aud concluded this morning.
The first was the case Of II, ID. Jones
ana II, II, Jones, plaintiffs anu appel.
lants, vs Il. II. Jones, defendant aud
respondent, ana IL an appeal from ths
judgment Oi the Fourth district court,
IL. w. Smith, Judge. On January 20,
1885, tho probate court OF Box Elder
county made an Ofdur appointing Il.
ID, Jones and II, IL. Jones special Au-
ambassadors OF tue estate VI l.. IL.
JOnes, deceased pending an appealed
contest on the rignt ior general lettets.D
From this grant OF special adm uisita.
ton, b. II. Jones twice attempted In
representative capacity as general ad-
miniaitat0t OF tue estate 10 take an
appeal 10 the district court. These Al
temptu removed the record Of special
administration 10 the district cCurt, aud
the special administrators moved that
court to dismiss tue appeal on six
gCounds, each Of which assigned Rs
rendering tue appeal invalid by
/ teAANA' =! NNAhlHg "AAA NhN AAAN AhA
statute requirements on the part OF the
appellant, aud gave tue upprt court no
iufitiiOliOn. u. IL. Jones made !.
counter motion TO disnils, thv proceed.
inge, which was granted, and tue fiTst
motion denied. IL II from that Iudg.
menl dismiailng tho proceedings Ghls
appeal Is taken.
Growing Out 0f this was tho second
section OF the case entitled Ricy H..
Jones appellant, VI, he New YORK
Life Insurance company, appeal from
the Fourth district court, Judge Smith
J presiding.
Tho piaIntlfi sued the New York
Life lnsurancs company 10 collect
81, 500 upon an Insurance policy on thu
, life Ut Lewis II. Jones. rhs defendant
1 answered that q. IL, Jones and II. d.
. JONI each claimed the said Insurance.
money "a administrator Of the estate
VI Lewis III. JOnoB, deceased; that II
I was ignorant u the respective rights
OF the claimants, ard that It was not
In COLLISION vita either. IL asked to
bu permitted 10 pay tho money into
: court anu be discharged. The order
was made ami tue money paid into
court.
Toe plaintiff claimed that the policy
! had been assigned to him and that
It formed no part Of the estate OF the
deceased.
, The court below ordered that plain.
! tif'a mO.iou fJF judgment on the
!, pleadings be denied and further
ordered that B. IL. Jones aud II, ID.
Jones bs zuulilutei as defendants Ia.
stead OF tao defendant insurance com.
pRny upon the latter paying ths 81 $50
into court. From this ruling the ap.
peal WAS taken.
The next case argued was that OF the
Northwestern Wheel anu Foundry
Co., plaintiff AMI appellant, vs. tue
Salt Lake Guy Copper Manufacturing
| Co., defendants and respondents. ThiH
case is appealed from the Third district
, court, Judge Merritt presiding.
pne csle WAS brought In the lover
court IN December, 10 recover -, i57Sl
with int6re8t, on account Of IRON uAst,
ings, ma1hilory and merchandise slld
ana delivered 10 L0tcudant and a writ
OF attachment was issusd, Ga Janu.
AIRY 10Th following the defendant Il led
m ton to release all tho property a.
,achoI from tho operation or eject u
tie levy msie under tue writ. The
Continued on Page Fivs.)