The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1896-06-04

Judge Street was to have taken up
the case of S F. Fenton ct al VS.. W.
a. Stanton eft ell, the famous P. o. S,
of A case, yesterday morning, but
ticipated the matter would require too
much time and interfere with other
judicial business on hand, he post
poned action until June %.
This case is one in which there are
fifty defendants. members of the
organization alluded to. A committee
of one from each of the three existing
camps, or lodges. in this city bought
carpets. furniture and caused lighting
fixtures to be placed in a hall in the
Union block. Payment was not made
for same, although number of the
members OF the camps made an effort
to raise some money, and plaintiff sued
the members as individuals.
The case involves an important legal
question in this, that the decision will
determine the rights and privileges,
also the responsibilities, of unincor-
porated societies and associations, their
liability to be sued, etc.
THAT IRRIGATION CASE.
Hon. Franklin S. Richards, Hon. E.
V Taylor and Judge Loofbourow en-
gagged in a spirited debate in Judge
Streets branch of the court in the af-
ternoon, in the matter of the action OF
the North Point Consolidated Irriga-
ton company VS.. the Utah and Salt
Lake Canal company, the South Jor-
dan Canal company, the North Jordan
Canal company, the county of Salt
Lake. and the city of Salt Lake. This
action was decided by the court some
DAYS ago by plaintiff being awarded
an order restraining defendants from
emptying waters, alleged TO contain
alkali. in the canal, the property OF
plaintiff. and ordering that the dele
terious fluid be emptied into the Jor-
dan.
Mr.. Richards, for the defense. came
in with affidavits showing that his cli-
ents would suffer greatly by the en-
forcement Of the decree Of the court;
that 400 families with 22,000 acres of
land would be embarrassed, the crops
ruined and that PLAINTIFFS holdings
were only 400 acres of rye ana other
grain. held by nine families. Petition
er alleged that other injunctions would
he asked for. and that they could not
eront1, water into the Jordan on this
account
The matter was set down for further
hearing Friday.
The following short orders were made
by Judge Street:
john Rockhin VS.. Albert Fisher ct
al: settled and dismissed.
w. s. Mccormick VS.. V. NJ. c. Silva;
stipulation withwrawn and judgment
entered as prayed for.
Robert B. Hardness was admitted to
practice.
BEFORE JUDGE RITCHIE.
Judge Richie made the following
orders in the probate branch of the
district court:
Estate and guardianship of Glenn B.
and Flora Wiseman; order to show
cause why sale Of real estate should
not be made set for July 2.
Estate Of Annie Olaf and Ellen Olsen,
minors: order OF sale of real estate
made as prayed for.
The following court orders were
made by Judge Richie:
John Schofield VS.. Hyrum K. Worth;
no appearance and judgment for costs
rendered against plaintiff, action dis
missed.
Salt Lake Valley Loan and Trust
company VS.. John Beck ct al; stricken
from calendar with leave to reinstate
on proper showing.
Sue B. Ebert VS.. j. M. Kennedy eft
all. order Of service by publication
made.
peter Sutherland VS.. F. B. Stephens
ct al; plaintiff does not appear and
case dismissed.
F. E. Gregg ct al. VS.. n. H. Groesbeck
ct al: Judgment fer costs of defendant
and appellant H. M. Ryan on appeal
ordered entered against plaintiff as
per rernittitur from supreme court
Isaac Kaiser VS.. Sarah Kaiser, suit
for divorce; case continued.
SUITS FILED.
Amelia Jonas and Barney Silverman.
constituting the firm of Jonas & Silver
man, which does a retail buiness at 16
East Second South, have sued William
Anderson, constable Of the second pre-
cinct, for wrongfully levying upon and
selling a stock of goods on a pretended
execution, and ask judgment for 81 900
and 81 900 damages.
Louisa A. Mills brought suit against
Margaret and David p Thomas on a
promissory note for $500. and ask an
order of foreclosure on certain real ess
tate.
An execution was yesterday issued
against the Utah Stove and Hardware
company for S527.35, the amount due as
costs in the case of the board of edu-
cation VS. the company, the Salt Lake
Pressed Brick company, Wells, Fargo
& Co, and others. This case is well
known, being an action in relation to
the amount due on the construction
OF a school building and the execution