Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1902-09-10
COURT NOTES.

Judge Stewart has sustained de-
PENDANTS demurrer TO the complaint IN
the case OF the Utah Commercial and
Savings Bank vs John Beck upon the
ground that the action Is barred by the
statute OF limitations. The suit was
brought TO eject defendant from certain
premises described as part OF lots ! and
3, block 49, plat A, TO which plaintiir
claims title by sherlff's deed, and also
to collect $3.50 per month as rent for
said premises from June "a. 1874
The Judgment heretofore rendered in
the case of 8. Hays VS. the Shawmut
Mining company has been modified by
Judge Stewart In relation to the prior
ity of the liens Of plaintiff and the
Bingham Coal & Lumber company BY
the modified decree no priority exists
between the two liens. but both are
placed in the same class and must be
settled on pro rata basis.
The Utah Savings & Trust Co., as ad-
mlnistrator OF the estate OF Hemming
Tahiti, deceased, has filed a damage
suit In the district court against
the Diamond Coal g. Coke company to
recover $4,000 for the death Of Hem
ming Lahti deceased, who was killed
In the defendant company's mine at
Dlamondville Wyo., on February IS,
1901, The same company as the admin
lstrator OF the estate of Joel Lahti, de-
ceased entered another damage suit
against the same defendants in the sum
OF $4,000. Both men were killed In the
Diamondville disaster In which 10 men
lost their lives.
A 5000 damage suit has been COM
menced In the district court by Irene
Kelly VS. the Consolidated Railway a
Power company for injuries received by
plaintiff being thrown from one of the
company's cars at Ninth South and
State street on June ~ last. While at
tempting 10 alight from the car It IL
alleged that the motorman negligently
started II up before plaintiff had time
TO get or. She was thrown TO the
ground and strained her back and spine
and received other injuries, which are
alleged to be permanent for all Of which
she asks damages in the sum named
above.
Mrs. Nellie Henderson has filed suit
In the district court against Abboline
ry Barnes, deceased, to recover the
sum Of si,750 alleged to be the value OF a
piece OF land In Lyon county. Kansas,
which was enormously decided In fee to
Henry Barnes. on May 10. 1885. instead
OF in the nature OF mortgage deed as
was intended, The complications be-
came more intricate In February. 1895,
when Barnes sold the property TO NJ.
Sterberg.
1t Is alleged that the property Is
worth $4,000 and the rentals on the
same during the period plaintiff has
been deprived Of II amount 10 $500.
The total amount, however Is subject
10 credit Of $780, the amount due
defendant on the mortgage. and plain
tiff asks Judgment for A,7J0.
Judge Hall has rendered decree of
divorce In favor Of plaintiff in the case
OF Efiie u. Murphy VS. Edgar II. Muir
ply on the ground Of failure TO sup
port.
Elizabeth b. Vinegar has filed suit
against the Consolidated Railway q
Power company to recover $4,000 as
damages for personal injuries received
on Sept. 10. 1901. Plaintiff alleges that
she and her husband were driving
across defendant companys track at
Third North and Second West streets
when a Ger ran into their conveyance,
knocking them both out and severely
sprainlng plaintiffs back and otherwise
bruising her, for which she asks dam
ages as above.
Harriet A. steadman has filed suit for
divorce against her husband John
steadman, on the ground OF failure 70
support. The parties We're married in
Logan on Sept q, 1855. Mrs. Steadman
asks TO be awarded the custody. OF their
two minor children.