The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1896-03-27

Five more opinions were handed
down by the judges of the state SUI
preme court yesterday, the most impor
tant OF which was in the case of Will
liam H Gunner, appellant, VS.. R. G.
Wilson and Belle Wilson, his wife The
order and judgment of the trial court
sustaining the demurrer of r. G.. Will
son was affirmed and the order and
Judgment sustaining the demurrer of
Belle Wilson set aside and vacated,
with instructions to the court below
to enter such order accordingly. The
opinion was delivered by Justice Miner
and concurred in by Chief Justice Zane
and Justice Bartch.
The complaint showed that the plain
/ tiff held title to certain real estate at
Eureka as trustee for the use and ben
eft of the defendant, Belle Wilson, who
was then the wife of Harvey K. Temp
kfns that plaintiff had no beneficial
interest therein, and that in September,
! 1887, he conveyed the property to Belle
| Wilson; that the plaintiff simply held
the title in trust for her on account of
the Incorporate habits of her husband;
| that prior to the conveyance in 1887
! the said Belle Wilson informed the
plaintiff that one Anna Marks was
wrongfully entering upon the property
and that said acts were an interference
with her rights in the property and
requested plaintiff to consult an attor
ney and cause such proceedings to be
taken as would prevent Anna Marks
from maintaining her tortuous pos
session of the property; that plaintiff
in accordance Herewith filed a COM
plant, on the advice of an attorney,
with a United States commissioner in
Provo, commencing an action in the
name of Belle Tompkins nov Belle
Wilson, against Anna Marks for forci-
BILE entry and detainer of the premises
that at such time the jurisdiction of a
United States commissioner was not
defined by law; that a writ of restitu-
ton was issued by the commissioner
and placed in the hands of a constable
for execution; that all the acts of the
plaintiff were simply to advance the
interests of Belle Wilson; that under
the writ Anna Marks was elected and
Belle Wilson restored to possession
that on February q, 1889, Anna Marks
and Wolf Marks, her husband, brought
suit in the district court against Belle
Wilson, this plaintiff, and others, claim
ing damages for trespass for being un-
lawfully elected under the writ, and
ON April 80. 1892, judgment was en-
tered against Belle Wilson and others
for $4,000 damages and $205.90 costs,
which Judgment was afterwards af-
firmed by the supreme court, it being
held that the United States commits
sioner had no jurisdiction to try the
case
On October l. 1891, Belle Wilson, for
| paarlV Relic rTO~1rl<inS INTERIM l-r-i
with the defendant, R. G. Wilson, and
in December following she conveyed
to her husband, Wilson, the real estate
in dispute and all other property be
longing to her On July 1, 1893 eXecu-
ton was ISSUED on the judgment OF
which plaintiff had notice and plaintiff
paid said judgment and costs, amount
ing tc S4,052.65. and took an assign
ment of the judgment.
! The plaintiff Gunner, on the ground
that he was acting as agent for Belle
Wilson and in her interest solely de-
, mands that he be reimbursed the
amount of the judgment.
r. G. Wilson demurred to the com
plant on the general ground that il
did not contain facts sufficient to con-
stitute a cause of action. and wher
the demurrer was argued it appeared
that the point relied on by the defen-
dant was that r. G.. Wilson was moi
liable for the torts of his wife com
: mitted before marriage, and while she
was the wife of another.
The defendant Belle Wilson demurrec
to the complaint on the ground that il
was ambiguous, unintelligible and un
certain in that it is not alleged thai
plaintiff paid the judgment by reques
of the defendant or of necessity; tha
: it does not appear that plaintiff com
tod q fnrt ioi t111I xritb Hafa 10
and others for which Judgment wa:
recovered against the plaintiff ct al.
which judgment the plaintiff wa
bound to pay, and that it appeared
from the complaint that the actor
= was barred by section 1876 of the cod
j. of civil procedure, the statute of linn
itations.
Both demurregs were sustained b,
the lower court and the complaint dis
missed. The plaintiff elected not t
amend, but stood on the demurrer
? and appealed from the ruling sustain
ing the demurrers.
In regard to R. G. Wilson'S demur
e rer the opinion said that the chic
l. point was, rs the husband under GU
: law liable for the torts of a woma
$ committed before marriage, and Will
she is the wife of another man?
Belle Wilson was divorced from Temp
Kills III 1893 DelOTG tic JUG wa
: rendered. TompkinS was a co-defen
dant in the suit and Wilson was moi
Counsel for the plaintiff in effect he'll
that the divorce released Tompkins
and Belle was alone liable until he
marriage with Wilson, when Wilso
became liable also. This, their honor
held, was not good law, and that tn
defendant r. G.. Wilson was not liabl
for the tort of his wife committed be
fore marriage, and while she was tn
: wife of another man. The lower cour
rightfully sustained the demurrer
AS to the demurrer Cif Belle Wilson
6 their honors held that it was wrong
fully sustained and that the statutes @
3 limitation did not apply: hence tn
N lower court in that regard was over
y ruled.
Notes TINT Don't Go.