Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1898-05-30
PROVO.
PROVO, UTAH, MAY 80, 1905


1
The following orders have been made
in the Fourth district COURT.
Charles Evans of benjamin. native
OF England. was admitted to citizen
ship.
Irving Collett, convicted of fornica-
ton, was sentenced to three months in
the county Jail, his motion fol q. new
trial having been denied. The case
VIII be appealed to the supreme court;
| In the meantime the defendant is under
bonds.
III Rio Grande Western Railway
company has filed its answer to the
complaint of Alma Carter In an action
Tor $4,000 for injuries sustained By
nm on the 18th of this month, when
he was compelled by the brakeman to
jump from the defendant company's
train at the crossing IN Lake View.
Ihe answer sets forth that plaintiff
was not passenger at the time and
place mentioned In the complaint, had
no ticket, had not given notice of an
intention to become IA passenger, was
not on any part OF the train Intended
Tor use or used by passengers (after
lifst hll.glng that at the place there Ia
no station or depot, and that no pas
Nengers were received or loft thcre,.
hut climbed to and sat sidewise on the
rear ana drawheud Of the reat car
ana outside Of the railing that sur
.Ounuvu the rear platform, and was a
trespasser And when ne was re.
quested by the brakeman to get OF,
neEligently and wrongfully nllnypd 10
60 50 until the train had acquired some
motion, and that whatever Injuries no
received We're caused by his own
wrongful acts. The defendant deuiea
that It's brfGteman assaulted yr in any
wise threatened the plaintiff with
harm or violence or that plaintiff was
forced or compelled by any threats.
menaccs or fear OF violence to lean
from said train. Thurman & Wedges
wood and Bennett. Hardness Howat,
defendant.
An important matter was hrough,
uelore Judge Dusenberry. Saturday.
Judge Miner as attorney for b. Bach
man Jr" administrator of the estate
OF u. Bachman. deceased, asked
mat mn order be made citing John
#. Westfall to appear and show cause
why n claim Of $1,000 with interest in
the shape of promiGsory note. which
had been allowed 10y the administrations
Creed Smoot one of the admlnistra-
proved by Judge Hatch, should re-
main charge against the estate. The
petitioner prays that upon hearing the
case the court will vacnte and set aside
the approval of said claim and adiudce
the allowance ana approval of no effect.
The grounds upon which the pray ia
based Is that the note was n Joint
note, signed by y. Bachman and NJ
Bodman, and Judge Miner argued
that under the common law. and in
the absence Of any statutory enact |
ments to the contrary. a point note |
upon the death of one of the makers |
Is not a liability against his estate |
but that all liability is against the sur |
wing maker or makers. He held in !
his argument that there was not so far |
as he had been able to find any statu- |
tory enactment changing this rule in |
this state, and that as the estate of |
u. Bachman was insovent and claims |
had been allowed to exceed the value |
of the estate, If this claim is allowed. |
the other creditors would have n cnuse |
of action against the administrators |
and their bondsmen for the amount of |
the Westfall claim, providing 1t has
been wrongfully allowed as petitioner
claims, and that Is the question he de
sires to have settled, The citation was
ordered issued.
Vardus Simmons, of Lake Shore. was
examined as to his sanity by Drs pike !