The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1899-03-07
OGDEN NEWS.
Ogden Office, 524 Utah Loan and
Trust Building. Telephone IA.
ogden, March 6.
THREE COURTS IN SESSION.
Yesterday Was the Busy Day of
Ogden LAWYERS.


There were three courts in session
yesterday in ogden and every member
of the bar in this city was in active
service side by side with numerous OF
their fellows from Salt Lake. The fed
eral court began its session in. the court
rooms in the Utah National Bank build
ing, Judge Rolapp took up his law and
motion calendar and Judge johnson
was on the bench hearing the case OF
the Marriott Irrigation company VS.
the Bear River Irrigation & Ogden
Waterworks company ct al.
This case alone brings in directly OF
otherwise half the people and nearly
every attorney in the county and that
sets the company defendants at cross
purposes with their fellow defendants
The labyrinth of motions, demurrers
complaints and crosS-complaints in the
action, is such as to require an expert
to determine the status of the various
litigants. The distinction between
plaintiffs and defendants is one chiefly
in name, as the various defendants
We're demurring and cross-complainine
against one another. The issues in the
case have, however, been Joined, an6
trial will begin March q, as the final
order of Judge johnson settled the
pleadings and set the case for thai
date.
FOREMAN WON OUT.
OF special interest to attorneys was
the decision of Judge Rolapp in the
test case of ogden City VS.. G. f. Bore
man. Mr.. Foreman, for the purpose OF
testing the license ordinance as affect
ing attorneys, resisted the collection OF
the license. By stipulation he was tried
in police court and nominal fine inn
posed. Judge Rolapp held that attor-
neys derive their authority to practice
from the state and the privilege cannot
be curtailed by city ordinance, so the
decision of the lower court was re-
Versed and the defendant ordered re-
leased.
FEDERAL COURT.
In the federal court Judge Marshall
was on the bench and after disposing
of the business took a recess till Mon
day next.
The cases of D. P. Williams VS.. Ly-
man Skeen, ]. A. Taylor, William
Skeen, b. NJ. Robinson, James Martin,
L. n. Shurtliff, and Dudley Chase VS..
William Adamson ct al. receivers, We're
set for hearing Tuesday, March "A.
George Mccormick, E. T. Hulaniski
and H. A. Tart We're admitted to prac-
tice.
The bankruptcy case of E. ]. Hor-
rocks was set for hearing at p m.
Monday.
The Strawberry Valley Cattle COM
pany VS.. John Cummings, motion for
leave to amend complaint, was by con-
sent passed to next day.
William Levy VS.. a. W. McCune, de-
murrer to complaint, passed for hear
ing until next rule day.
y. V. Macintosh VS.. North Ameri-
r p. Il
was called for hearing on motion to
dismiss, made by plaintiff. Arguments
were made by e. NJ. Allison and by NJ
L. Ritchie, who presented a petition of
various stockholders for leave to in
tervene in the case and objected to dis
missal of action. Edward B. Graves
then presented a petition to be contin-
ued as reseiver and Directing to dis
misSal.
P. L. Williams argued the matter in
behalf of Receiver Graves and Nor
us /. Ritchie argued the case for all
defendants except j. H. Macmillan and
Edward B. Graves. Mr.. Allison closed
the argument. The court gave parties
seeking to continue the receivership
until the next rule day in which to
prepare and file their pleadings. The
cause was dismissed as to defendant
Mcintosh.
The matter of the objections of the
various parties to the jurisdiction of the
court was then set for Monday after
noon next after the hearing on the 1or-
rocks case.
F. ]. Kiesel & Co. VS. Sun Insurance
Office, which involves sixteen similar
cases: defendants motion for interest
on judgment for costs in this case was
argued and submitted and taken under
Amusement by the court.
DISTRICT COURT ORDERS.
Mathew Wilde VS.. Union Pacific Rail-
road company, defendant granted ten
days additional time in which TO pre-
pare and serve motion for a new trial.
Patrick Gilligan VS.. the Union Pacific
Railroad company came on for hearing
on the demurrer of plaintiff; decision
was reserved.
Commercial National Bank vs. Weber
former decision overruling de-
set aside and plaintiff permitted
to amend former demurrer.
Thomas Bannigan VS.. George Crosby
ct al; demurrer overruled and ten days
granted to answer.
Warner VS.. Myer; supplemental pro-
ceeding referred to a. E. Pratt as ref
cree to take testimony and report.
j. w. Oft VS.. Hughes Produce COM
nany; demurrer submitted and taken
under Amusement.
Emanuel Guar VS.. Dennis Rasmussen;
hearing on motion and demurrer motion
demurrer submitted over
ruled and ten days given sto answer.
Notice Of decision waived.
Thomas Bannigan VS.. George Crosby
ct AL; demurrer overruled and ten days
given to answer.
w c. Warner vs. Isadore Mayer:
court referred matter to A. e. Pratt to
take testimony and report findings.
j. W. OFT VS.. ]. II. Hughes ct al; de-
murrer argued and taken under advise