The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1896-07-21

PROVO, July 20. 1S96.-The case of
Simon Huber VS.. S. H. H. Clark ct al,
receivers of the Union Pacific Railway
company, occupied the time in Judge
Hatchs court today Plaintiff sues Cor
$500 damages, sustained by having his
horses killed and his harness and
wagon destroyed and for personal IN
juries sustained through a collision
with a Union Pacific freight train on
October 2S 1895, while he was attempt
ing to cross the railway track about a
mile west of Provo. Huber and his
wife and children were in the wagon,
but were not seriously injured. Pialn'
tiff claims that the engineer did not
whistle nor ring a bell in time to warn
the plaintiff of the approaching train,
and that he was prevented from seeing
the train by reason of brush and trees
which the defendants negligently per-
mitted to grow along the side of the
track.
OTHER BUSINESS.
Clara Mccormick ct al vs. Utah
county; continued by consent till the
9th.
4. w. Foutz VS.. A w. Harper;
stricken from present setting of cases.
In the matter of the estate of Hugh
A. McBrayne, deceased; Bertha Nc
Brayne Seabolt appointed administra-
triX upon filing bond OF $1,000. James
Cobbley, Ben Walker and - Whitley
were appointed appraisers.
First National Bank of Wanego VS..
Charles Hancock; continued indefin-
itely.
Estate of NJ. L. Snyder, deceased; or
der allowing final account, and decree
of distribution.
n IT, - oil
summons set aside and defendants or
dered to appear on July 90 to show
cause why temporary injunction should
not be made perpetual.
In the case of Spanish Fork City eft
al. VS.. Hyrum Sterling ct al, heard Sat
urday evening, defendant was ad-
judged guilty of contempt and fined
$50 The offense consisted of defendant
taking water from Spanish Fork river,
contrary to the terms Of a decree of
the First district court of Utah terri
tory
In the case of Sarah A Green vs.
Henry n. Green; plaintiff given ten
days additional time to prepare state
ment and serve motion for new trial.
In the matter of the estate of Thomas
Wooley, deceased; July 90, set for hear
ing petition for setting aside property
for use of widow.
Hagar Singleton VS.. Albert Singleton;
ten days further time granted to pre-
pare and serve motion for a new trial.
Jessie Hofelt was granted a divorce
from Henry Hofelt. by default The
grounds alleged in the complaint We're
desertion and failure to provide.
In the case of John Scowcroft VS.. T.
G. WINNER, the court rendered it's de-
cision in favor of defendant.
NOTES AND PERSONALS
c. J. Elliott. county clerk of Grand
county, was in Provo on business to-
day. He states that times in his
county are good; there is q great
amount of building going on, among
which is $4,000 school house in Moab.
At the stake conference, held Satur-
day and Sunday, Peter Okelberry, of
Goshen, was sustained as bishop of his
town, in place OF Bishop Price, re-
signed. Bishop Price was sustained as
a patriarch.
John S. Rollo went to Heber this
morning, where he will act as stem
ographer of the court for the term to
be held by Judge McCarty.
Editor Maeser, of the Utonian, re-
ceived a letter today from M L. Sher-
herd. dated Grass Valley, California,
July is, stating that he expected to re-
turn this evening, or possibly tomorrow
evening, with the body of his son, Ezra
Mr.. and Mrs. Maeser will accompany
the remains to Beaver.
Judge McCarty opened a term of
court in Heber today to hear cases in
which Judge Hatch was disqualified to
sit by reason of having been connected
With them as counsel.
Attorneys D. d. HoutZ and s. A
King went to Heber this morning to
attend to legal business before Judge
McCarty.
Josephus Karen, of Lehi, aged 81,
and Elizabeth E. Adamson, of Ameri-
can Fork, aged q. have taken out a
marriage license.
Hon. Farley L. Williams was in the
city today on legal business.
Sheriff Brown took Wesley Near
thur. the tramp who pleaded guilty to
burglary Saturday and was sentenced
to one year in the state prison. to Salt
Lake this afternoon
Information has been received at the
sheriff's office that Mrs. Marks store,
in Eureka, was broken into Saturday
and large lot of jewelry taken away.
The jewelry consists principally of