, 1897-12-16
THE UPREMEC COURT
SEVERAL IMPORTANT AND IN
TERESTING DECISIONS
HANDED DOWN.
Wurtel Estate Wins in the Park
City Bank Case-The Perkins Case
Decided-In Certain Cases interest,"
May Be Recovered on INFATUATED
Damages-Other Matters.

DdIldStS- olIltl l
The Supreme court convened at the
capitol this morning, and the
decisions were rendered.
In the case of David c. Mclaughlin.
receiver. etc. versus Garrett O'Neill, ex-
ecutor of the last will of {. r.. Wurtel,
deceased, the decision was in favor OF
the defendant. Mr.. Wurtel in his lie
time was the owner of lG3 shares OF
stock in the Park City bank OF utah.
which failed in June, 1893. The stat
utes of Utah make the stockholders
Of a bank equally and ratabiy. but not
one for another. responsible for the
debts of the bank to the extent OF their
stock, in addition to the amoun orlgl-
nally invested therein. This suit was
brought to recover from the Wurtel
estate $4,000 and interest as the
amount of the liabilities as such stock
holder. 1t appeared that there had beer
no proceedings in Utah by which there
nau Dcen any Juulclal ueltI ihiiia'io' v
the amont of the deficit over and above
the assets of the bank necessary to be
covered by the stockholders liabilities,
and the decision of the court holds
that. although by way of comfy the
liability of a stakeholder in a foreign
corporation may in a proper case be
enforced in his state, under such a stat
ute as that of Utah. an action cannot be
maintained until, in some equitable pro-
ceeding, in the courts of Utah. the
amount of the liability of the stock
holders has been ascentained, which
must be done by taking an account OF
the assets of the corporation and their
Indebtedness. That the courts Of this
state do not have jurisdiction over the
corporation. came wind up its affairs.
or close out its assets. and cannot in
a binding manner determine the
amount of its Indebtedness, and, there
for, that the courts of this state. upon
the facts as stated in the pleadings. are
unable to render a judgment which
would insure that the liability of the
Wurtel estate would be ratable and
equal with that OF all other stockhold-
ers. Therefor, it was held that the
present action could not be maintain
ed.
In the case against Edward McLaugh-
lin, executor. against the same defend
ant, the case was of a like charactef
and similarly decided.
In the case of the state OF Wyomine
on the relation of B. F. Perkins against
the Board of County Commissioners
OF Sheridan county, Perkins, being a
judgment creditor Of the county,
brought a suit to require the county
to levy a special tax to pay his judg-
ment in excess OF the u mills which
had already beeen levied for county
taxes. Certain questions respecting
the power of the county to levy that
tax were reserved to the Supreme our
for its decision. But as the answer in
the case denied the material allegations
OF the petition, and the only question
before the Distrist court was on a
motion for the judgment upon the
pleadings. the supreme court refused
to answer the questions. or to give any
decision thereon, On the ground that
they do not arise in the matter now be-
fore the district court for considera-
ton; that a judgment on the pleadings
could not be rendered when the ma
terial allegations Of the petition are
denied by the answer.
In the case Of Adam Kuhn against
George Mckay the decision was on a
petition for rehearing, which was de-
MED. The point made by the plaintiff
in error Vas that interest should not
have been allowed on the Judgment
rendered by the district court, for the
reason that 1t was based upon unliqui.
dated damages, the damages being the
value Of certain stock which Kuhn had
agreed to deliver to Mckay and had
failed to do so. The court held that,
while. as a general rule, interest is not
allowed upon demand for unliquidated
damages, where such damages are easf
ly ascertained by reference to establish,
ed market values. interest may be re,
covered.
In the case Of the state of Wyoming
on the relation Of the city of Cheyenne
against Daniel S. Swan, county treas,
urer Of Laramie county, the opinion Oh
the court was handed down, which con-
formed to the conclusions announced
on the LIST day Of October last, and
which were at that time made public
holding the statute of 1897, known az
chapter Sc. to be void.
At the conclusion of the reading OF
the opinions. Attorney General Fowle,
presented to the court the resolutions
concerning the death OF Chief Justice
Conway. Chief Justice Potter re-
sponded appropriately.
Court adjourned TO December %, at
which time it is expected that the va
cancy occasioned by the death Of the
late chief justice will have been filled
and the new justice sworn In.
Good times have come to those whom
Hoods Sarssparilla has cured Of scrof-
ula, catarrh. dyspepsia. rheumatism,
weak nerves. or some other form Of i'm
puno h1ood