Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1903-12-10
Three Opinions Handed Down
This Morning on Live
Cases of Interest
CONTEMPT CASE, NEW TRIAL.
Decided That Court Has No Iurisdlc-
ton 10 Try Actions on a
Legal Holiday

Gold Mining company fesppllutH" LUIS
action was brought In Tooele county o.
May II, 1900. for the appointment Of
receiver to take charge IT defendants
property. An order appointing re-
ceiver was made In the judges cham
bers in this city on May 10, 1900 the day
before the action was commenced but
It was agreed between the judge ana
: the attorney for plaintiff that said APP
pointment should not be effective until
after the complaint was filed.
When the case was tried, the coult
? set aside the appoi. tment of the re-
ceiver for the reason that 1t was mada
before the complaint had been filed
and before any action was commenced
II was also held that no cause existed
for receiver at the time the action
was commenced and II was ordered that
the property In possession OF the re-
ceiver be returned to the officers an'
directors OF the company from thlA
decision an appeal was taken by plain
tiff. The opinion Of the supreme court,
which was written by Justice McCarly
aud concurred In by Chief Justice BAs-
. KIN anu JufllNt loti l'llt HNlhe N'f'' 49,
fact that the receiver was appointed
the day before the action VAS COM
menced rendered the appointment
nulity. The fact that there was an
oral understanding between the judge
and counsel that the order should hot
take effect until after the action was
commenced, does not relieve the sltua-
ton In the eyes Of the supreme court
The Judgment OF the lower court ~
therefore affirmed and the costs OF APP
neal taxed against appellant
LEGAL HOLIDAY CASE.
A court has no jurisdiction to try or
commence the trial of contempt case
on a legal holiday. Such Is the decision
of the supreme court rendered TO-DAY IN
the case of Max Davidson against Ed
ward A, Munsey appellant, In when
the Judgment of the lower court ~ re-
versed with Instructions to grant new
trial.
Suit was brought in Weber county by
plaintiff TO restrain defendant from IN
ringing upon trademark for certain
cigars. Upon the trial OF the case
permanent restraining order was IS
suad against defendant. Later plain
TIN claimed that defendant had violated
the restraining order and proceedings
were Instituted 20 punish him for con-
tempt of court The hearing of the
contempt case was commenced by me
court on Monday Feb 81 1908 the
day previous, Feb, %, being legal
holiday and falling on Sunday, the stat
utes provide that the following day
shall be observed az a legal holiday.
Hence the Monday on which the trial
was commenced was a legal holiday.
The case was concluded on Tuesday.
Feb "A. and defendant was ordered 10
pay plaintiff damages for Buch con-
Tempt In the sum of 1880 and costs,
amounting to $500,
The statutes of this state also provide
that certain legal business may be
transacted on legal holiday, hut the
supreme court In It's opinion today
holds that contempt proceedings do not
come under that provision Hence 1t IL
ordered that the Judgment in this case
be reversed and new trial granted de-
PENDANT The opinion of the court was
written by Justice Bartch and concur
red in by Chief Justice Baskin and
Justice McCarty.
LOWER COURT AFFIRMED.
The award of the arbltrators, chosen
by the parties to the action, to settle
all differences between plaintiff and
defendants In the case of Joseph NJ,
Jensen against the Deep Creek Farm
and Live Stock company, A. v. Taylor
Joseph r.. Taylor and Don e. TUFTS,
appellants, Is upheld I'm every particu-
lar IN an opinion of the supreme court
rendered today in which the Judgment
Of the lower court is affirmed and the
costs taxed against appellants,
An action was first brought by the
defendants herein I'm the Third district
court for this county to recover dam
ages in the sum Of SlS,70O for breach
OF lease IN connection with sheep
transaction. IT was set out that the
lessor, plaintiff In this action, had de-
iivered TO lessees. defendants herein
under the terms of the lease, sheep
which were old and diseased, and that
he deceitfully put into the herd q large
number OF wethers and lambs instead
of ewes as agreed The above amount
Of damages was asked by the company
for such alleged breach of lease The
whole matter was finally submitted up-
ON agreement, to John G, Sharp ana c.
Il. Mcbride as arbltrators and II was
agreed that their decision would be
binding. After hearing all OF the evil
dence the arbitrators found the issues
IN favor OF lessor Jensen and assessed
his damages at NTh9iG2
The company failed tn comply with
the award and this suit was commenc.
ed by Jensen to recover tho amount
from the company and It's 'hondsmcn
The lower court found that the
decision Of the arbitrator COW
cred all the material matters In
dispute and the award was sustained
and Judgment rendered IN favor OF
plaintin herein, From that Judgment
this appeal was taken The opinion of
the supreme court handed down today.
affirming the Judgment was written
by Justice Bartch and concurcd IN by
Chief Justice Baskn and Justice Nc
Carly,
WALKER ESTATE CASE.
Judge Hall Of the Third district CONT
has handed down a decision I'm The
Walker estate case I'm which he holds
that the clause IN the WIN of Joseph
r, walker deceased providing that his
estate shall be kept intact ana not DIS
trhuted among the heirs for ~ years
after HIS death, rs against public policy
and hence is void and OF ma offec. The
decree Of the court directs the eXocu-
tors TO make a final rop0r, prepura-
tory to q distribution If the estate
among the heirs II such distribution Is
desired AT this time.
The suit, which was brought to settle
the question relative to the 20-year
clause i'm the viii was friendly one
and some Of the heirs and executors are
named as both plaintiffs and defend
ants, while others OF the heirs arrayed
themselves on one side or the other OF
the action.
The plaintiffs IN the case are Charles
a. Walker George r. Walker Winifred
s. Walker Winifred S Walker as adj
ministratriX ~ the estate OF Albert h.
Walker, deceased, Alberta Winifred