Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1898-10-26
SEWER COMPANY WINS.
PLAINTIFF W. l. sAHr GENTLY ROASTED


Justice Miner ~ the state Supreme
Court delivered an opinion today, con-
CURED In by chief Justice Zane and
Justice Barich. affirming ihe judgment
Of the district court 100 the ease Of W.
l.. Ruht, appellant va The scvicr Min-
ING and Milling company and Charles
fammeradort
The case was an appeal from n Anal
judgfnen, In Judge Iilles's court
on the 25th % November. 1897. plain
IN brought action 90 have set aside and
annul sale under a assessment on
iii2i shares la iha defendant company,
and TO cancel ihc transfer 20 Lam
mcrsi0f on the ground that the asscss-
ment. under which iha Stock was sold,
was fraudulent and void.
Defendants denied the allegations
nnd further alleged that phnHms
cause ~ action wl4 barred BY tia own
lnchcr and by che provisions ~ sub
division I OF section ilft. and by sec
ton 1881. complied laws uf Utah.
itahi was one ~ the directors VI the
defendant company ana owner " the
stock In question. on the % % May.
isgJ he was pfcreui ut meeting and
voted Tor a resolution providing tor the
lCyyiug of an ass ment ~ one.lIlf
cent per share. payable Immediately. In
pursuance Of this ievy the gtfk was
sold the fuilHWInE July Tor deluqgcni
asasHnmont 90 defendant. Lammer8d1rf
and IN September Rahts stock vas
cancelled and q certificate regularly g..
sued % L,mmcudJrf.
Judge Hllos found from tho ,os,i.
mony that the transfer vas pert 'tly
legal and acc3rllugiy rendered iudg-
meni IN favor Of The dcfCtdanini
from this Judgment RANT appealed.
Uundcr me complaint Justrc Minor
holds that nub-dly lfln 4 " section
aii must be regarded as applying 60
such cases aud hold a. a bar % the
plaintiffs recovery. The court further
holds that undCf section edli. uH wcll
40 the equitable rules governing sch
cases, thls aciiJn should not be- main
ialnci. Commenting on The case further
''rhc plainiln To- this case has slept
upon his rights ~ long after kn1Ni-
edge Of thcm ana has shown such
lnchea ana disregard 1f HI interests.
nH u1t 90 cntitle him 90 any c1rRdcra-
ton In a c1uif " equity. The alleged
void levy was hy his own procure
mcu,. and after h. had fun knowledge
NJ all thc steps % ,hr notice. publlca-
tiou ana sale. BE- delays action ~ re-
Aftcr knowing all the facts no
was IN the position 4 one who Hes by
90 see whrthOT the mlrs shall prove
profitable uud fhyn dttcrmi1e whether
Or rot he will participate further a. a
H,lcholder 10 tho corporation, or viii
iisclaim any Interest lu the venture.
AFTER Sour years he discovers a pro-
able advance ~ tho value of tho mine.
and h. conciudes that af;er all u may
be profitable. ana thon ASSUMES % dis
avow his own 1ct Ia procuring, what
h. ROW claims O. b.. a void l,vy "
araCfrmam. Tho r'0ckhs,defH chnu1t
arquisare In a forfeiture OF his shares
- long an they nrs vilueless. and then
whom thcy became valuable. BY rran9n
of changed circumstances, Or BY tho IL
forts ~ lrnurgnt 1,artlea. calm tho ala
~ a court ofsqu.ty 10 rcinatc him In
his rights ua q ai0ckh1ldcr which h.
had previously rcpudiIied
The dcc,rue n well established thai
the 4pJnn % avoid such a sale must
be exercised within reasonable cline.
what ls a fraaJut'ble tame mus, be de-
cided In each case upon all the ele-
mrutn ~ b which nfect the quCH. ion.
The Illustrating character and value OF
this kind Of properly ia question Is
wei known. Such properly may be
worth many thousand dollars today
and nothing e1mnFrgN. The c1uraEe,
cl'rEy, urirfpr.ar AMI means applied
50 % By Interested parties may in a
month Unexpectedly cause 10 go yield
thdSiHinda, while under other clroum-
stances it might be valuolefa. Il o.
therefore obyluusly unjust 90 permit
one hlldlng "a flght 90 assert Uwlit rahlp
On such properly, 90 allay the fears VI
az luuJ'ori purchaser ana Vo'untarlly
await ghr rvcty ~ favorable turn
u the scale and then decide. ~hen the
daugcr has been az an1,hcr's risk. %
come in ana absorb an shu prJfts ia
which DO took no ranpourlhllliy. Un-
der such circumstances, a party rlalm-
Ing an Interest should h. held q
prlmp auilon ard decide whether h.
viii ahnr, the risks. o. STAND clean
filu then.
with fun knowledge ~ the RVS
ana circumrtancra. the appellant sonk
~ action, although advised 10 Do 40.
uffll This sua was brought. four years
after sale, ana presumably not until
all che Danger ~ pUaable lrss was
over, ara the skill u the purchaser and
changed cond,ans had made the mine
probable financial success. No, un-
an then was any claim asserted by the