Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1895-12-21
THE SUPREME COURT.
Several Important Decisions Handed
Down Today.
Mrs. KELSEY AGAIN SUCCESSFUL.
The Court Refuses Writ Of Habsss
Corpus-Colonel Ellis Wagis
An Appeal.

Court q Utah Territory was called TO
order, Judges Merritt, Bsf,ch, King
aud Rolapp occupying their JUDICIAL
seAts. The court loom was we'll stocked
with attorneys, not only from this city
but from outside points. Upon the
balll1 declaring the session open, =
number o. tho disciples Of Blackstone
were suddenly clamUriag for rsgognl.
tlon, and the proceedings Of the mofn.
Ing savs the following RESULT:
MRS. KELSEY WINS AGAIN.
In 10 laDo,s cCtfus l.. T.. Kelley;
this h the c,sr iu winch rAI.ts IN-ls-y
brought nu seton iJr dtyorcB hVsiAot
Lewis Il. Kelsey. Thu petitioner
q! uuiflrally lrlirg thai thero nad tsfu
marriage between him anu the plain.
ia. UIon application Tor temporary
Rlimony and suit money, the court
ordered that until the further order NJ
tnc court, the deieniant should pay $40
| per month 10 the plaintiff mud thgt
within twenty dayHirom September 30,
1895, Ho should pay the further sum
Of s15 suit money and 5000 counsel
lee.
On the irl day OF October, 1895, the
defendants filed anu served, Ia due
| form, notice OF appeal from such
| order and made application 10 tbs
| court 10 FIX the Amuunt Of super.
tedeas bond In order 10 stay the pro.
ceedings pending nm appeal, but the
| court being Of the opinion that the
decision rendered Ia the cause was not
n finRl Judgment, declined to nx the
amount Of said bOud, phereupon de.
fendant duly filed an undertaking on
appeal from said decision In the sum
OF $500 conditioned to pay all dam
sBo suu vos's when 'nlgh, 90 AWAiusu
ds1isliag IN ths .~m ot 40 ooI 10 slav
| ntoc.sdings mn, ssid nnn.ni which
aaots,nnaths n,n,sr s,sinto,y c,nai.
,,nns
nefe,Jant having ,ail.I IN com,Iv
v,itI M. ,a,,,tys ntS,, h. vsa fo,,n1
,',,,,,, ~ cn,,.n,,, nd cor, ,,I,,.d 10
lie ,11.,shsi to ~ hv min, inn,,.onaI
A., ~, ,.,,It.,tis,y ,,n,iI M. ha5 yi.id.d
nnsdt.nos ~ ,h., ,,,,,,,,s o,ds, A mi.
os,ia' 90. .,,a,,,arts ,,aSa IN az ~,
49,, t,S,a. ., t,,, Sn,',.n,a cont IN, a
~, a' $500. s,,n,,l snT Il sisay 20.
,,,la.ssd unan giving = a. ooo hon1.
cnnaiiIoned To mid. IN. d,,,.ion al
Inc Ennr.ma co,,tt IN h, mad, unon
The b.sting M ths annI,c.tion.
TSs o,tnion ws, tsnds,sd dspvioy
M. VIII ~ sabsas ca,nns md Ismana.
in, ,ha ,stitioner M ~, c,,stody n, tn,,
rs. msr.baI. King Delivered IL and
r.c.,yed the ponotIrf.nee of Merritt
AMI RATION '' "
rninnoI Elli. a.k,d that n snney..a.s.
bond ne n Ysd on an annaaI In IN, S,,-
nam. rnn,t of ~, iTnI,.d 9iat..
l 49,
Vati.n. and M. rs,Iyt tosf The mater
under aiylsement
ouphN 'ANINu TAN OA5h'
j. 4, lArm,trJng et al w Ogden
City ct All appeal from a iudg-
ment Of tho Fourth district court
aud from an order refusing a new trial.
This action was originally brought &c
onIoln the luvylng OF u special assess
ment to pay the expenses OF paving q
portion OF Twenty-nith street In Ogden
CITY, A demurrer TO the complaint
was filed In the court below and aus
tained. An appeal was then taken TO
We Territorial snpteme cout And tue
ThsTeupsn n supplemoutaI cam.
plant was nlod by The plain
TINS Tor themselves nnd on
behalf ot certain other PARTIES similAt'
~ situated ~ aulol" tho iurIhsr o'l-
leoii0n OF the Tax sai alao 10 recover
ludEment against the city Tor ths
amount OF takes paid by them under
protest.
This lower court foind that the
nsaessmo1t was Invalid because Ogden
CITY never obtaiucd Jurisdiction to
make tao improvements contemplate
aud pefps,ulliy snluined tho daisnd.
auis f1m ~ proceedings under The
ordinances creating paving dissrlot No.
= which Is Tue district involved,
anu leVyi1g ths TAX Tor the Improve
ment specified hui H'so directing
that the plaintiffs recover the amounts
paid by them 10 tho cit2 under protect
A motion Tor a ne" trial vas made
and denied anu an appeal taken from
the Judgment hnll from inc order
denyins n new tHnl. Judge Nolapp
held that the attempted Improvement
proceedings were yoii aud lillegal, and
thefeiors shlrmei the Judgement OF
the lower court MERRITT suu bAr'ih
conourfud.
FENsFERNAkEE vs. Tribune