Arizona republican., 1902-05-25
DISTRICT COURT
Motions and Demurrers Heard in g
 Varsity of Cases.

Two cases in which the county 1p- other as a plaintiff. were before the court in law day yesterday In one Of them the board of supervisors and their bondsmen, rather than the county, are the defendants. This is the case of C. Rodney Mcdonald, vs. F. C. Nor ris, chairman of the board of supervis- ors, and their bondsmen, to recover all the money. with penalty attached, au- thorized to be paid by the board of su- pervisors. under act 65 of the last leg islature, for the encoura cement of res ervoir construction by this county. The matter came up a week ago on de murreT by the principal defendants, but the demurrer was withdrawn. the defendants preferring to go to trial on the merits of the case.
 Yesterday the demurrer of the Unit ed States Fidelity and guaranty com pany. one of the defendants, was 1r- gued and submitted.
 The other case was that of the coun- ty vs- County Recorder B. F. McFaIl, to recover certain fees. regarding whose disposition the law is rather indefinite A little more than s2,000 is involved. The county takes the ground that since the legislature made the office of the county recorder a salaried office. and expressly said that that salary should be full compensation for all services, all receipts of the office should find their way into the county treasury. On the other hand the county recorder contends that since the law undertook to provide for the disposition of the fees and failed to include the class of fees for whose recovery the suit is now brought, he is entitled to them. A de- murrer and motion to strike out were argued yesterday.
 The cases of the water users attach ed for contempt for having broken the headgates of the canal companies were set over until tomorrow
 In the case of A. J. Edwards, admin istrator of the estate of E. P. Hayden against Hanna T. Simms, the plaintiff gave notice of appeal and was given leave to file bill Of exceptions any time during the term.
 A motion for a new trial was denied in the case of E. G. Carruthers vs C H. Willard. 4
 A demurrer was overruled in the oase of w. F. Thomas vs. J. w. Crenshaw, administrator
 Judgment was given the defendant in the case of J. C. Atherton vs. Thom- as D. Bennett. eXecutor. The case of Henry Renaud Vs. the s. F. P. & p. was set for trial June IS. In the suit for damages of Thomas D. Bennett vs. The Phoenix Light and Fuel Co, a motion for new trial was denied and the de- fendant gave notice of appeal The hearing of the demurrer in the case of Roarke vs. Christy administrator, was set for May 31. A motion for new trial was denied in the case of C. L. Hall vs. J. C. Goodwin and notice of appeal was given. The same course was taken in the case of L. H. Landis vs. Ella Franklin.
 In the case of Moses Hughes vs. C. E. Philes. ct al, on tn emotion of defend- ant Wolfiey. a motion for a new trial having been submitted on briefs, a stay of execution for ten days was granted on the condition that the defendant should not remove or disturb the pro- perty involved. A demurrer in the case of John H. Jennings trustee, vs. D. E. Runner. Was reset for May 31.
 In the case of W. E. Deity vs. 4. P.
 l. sen. garnishee. was set for May 31 by consent. The motion of s. Novingar and others in the case of M. Wormser vs. the Salt River Valley Canal Co. was set for next Saturday. This is a motion filed last Thursday for a re-en- forcement of the Kibbey decision.
 A motion for a new trial in the case of Pike vs. Gibson having been denied notice of an appeal was given. In the matter of the estate of Emily A. Wood- ruff, 9 motion was filed to dismiss the appeal of w. \. Woodruff. In the "ase of s. F. Fichett vs. the Southern Pacific Railroad company. a motion for T cost bond was granted. demurrer vas overruled, motion to strike out was denied. with leave to the defendant to require the plaintiff to file bill of particulars.