Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1899-11-08
Supreme Court Reverses Judg-
ments Of Trial Courts.
VALIDITY OF ASSIGNMENT.


The supreme court delivered an opin-
Ion today In the case " William u.
CLARK " the oregon Short Line Rail-
road company, appellant. reversing the
judgment 90 the court beluw with In
siructlons 20 grant new trial.
Plaintiff fuod tho railroad company
10 recover damages TOT the killing OF
"A COW, alleged t0 have been run over
BY one of tho defendant companys
freight tralnH near Pleasant Grove. The
jury trylnN the ease returned verdict
In favor Of plaintin Tor $50. when an
appeal wac taken.
AZ the close OF PLAINTIFF testimony
defendant moved Tor non-nult. on the
ground that piainun had failed 10 cs-
tnhIlHh C1u1c ~ action. The mo-
lion was denied ana appellant anslguod
tllr ua error
The court nnda that plaintiff was
guilty OF contrihutufy negligence, and
that the accident would not have hap.
pcned had not "a cate on the railroad
comp1uyu crossing been icft open.
The court also u TO Dc well settled
that a trial court may Withdraw @ caHc
from the jury altogether "aud dlnct
verdict Ia favor OF "a plaintln ur de-
fendant. az the one or the other may
be proper whore the evidence IL uniia-
puted. or "a OF auch conclusive charac-
sound judicial discretion, would be- COM
PEELED 20 oct aside verdict In Opposl-
ton TO H."
ANOTHER REVERSAL.
Another opinion handed down this
afternoon orders "a reversal also In the
case uf W. 4 Snyder, assignee Tor the
honcnt Of the creditors VI Husband
HrothefH. appellant. w James q. Muir.
dock. ua ahufin vi Wanatch county. aud
lHNaHNm NfHNHHHH|fEN fraNIfRH
The opinion was written BY Justice
naakin and cnncurrcd In BY chief JUS
tice Bartch and Justice Minor.
In August. 1897 Husband Bros, Of
summit county assigned TO W. I. sny-
der ny the deed q assignment liaa..
band Bros. conveyed an their real and
personal property 10 the aaslgucc.
Certain real estate and water rights
loft the BROS. by their fathCr, Thomas
Raaband. who died July "a, 1855. was
not Included or scheduled In the as
slgnor's inventory, Tor the reason that
they had verbally agreed with their
mother that she should have and enjoy
an tho real ana personal property ltit
| by her husband during her life. James
w. clyde, one u the creditors of ltaH.
| band lirOa, IN December, 1871, sued out
! a writ ~ attachment on the real prop
| orty left by Thomas Rashand. consist
| lng OF sixty acres Of Land Ia several
pieces ln WnHntCh county. In Sept m-
I hor. 1895. sheriff Murdoch levied upon
| tho property and sold thrce-twclfthH of
/ a.. being tho Husband Bros Interest,
the defendant clyde becoming pufchaa-
or. Suit was brought 10 have the sale
/ fet naide, 90 which defendants de-
INJURED. The suit was dismissed AZ 10
/ Murdoch and the demurrer sustained
and the action Dismissed, The cou1
/ holds that the property passed under
the decd 20 the assignee. who was en-
| Titled 20 possession as against the at
| taching creditors,
The Judgment OF the lower court n
set aside. and a new trial ordered.
The opinion was written by Juftl y
miner. Chiof Justice Bartch nnd Justice
! Baakln, concurring
ONE MORE REVERSAL.
In another opinion handed down this
/ afternoon by Justice Miner the judy
! ment OF tho lower court IN reversed In
/ tho cuHo " W. T. Snyder uHHlTnsc. VI
| James y. Murdoch ct nj. This case ~
| similar 20 the one above, except that
/ the property seized consisted Of twenty
/ two rhnrcH % stock IN the Wasatch
| Irrigation company belonging 10 iichcr
] Ruahand and threc shares OF the same
| stock standing Ia the name ~ Jamca
ana Frederick Rasband. which re-
mnlned lu the custody 0f the Irrigation
or opinion the court holds that tho
/ stock IN question passed under tho
/ deed TO the assignee.
The case ~ reversed and a new trial
ordered,