Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1907-07-16
Supreme Court Hands Down Two
Decisions vacating Judgments
Previously Rendered,
EVERETT AGAINST JONES.
Brigham City Attorney Secures Right
To Have Counter Claim Consid-
cred for Accounting on Funds.

Two opinions were handed down by
| the supreme court today both OF which
are reversals Of the judgments rendered
in the lower courts. In the case Of NJ.
N, Everett against r. II. Jones, an
attorney of Brigham city. appellant.
the judgment of the lower court Is
vacated with instructions to enter new
and complete findings and judgment in
regard 70 defendants counter-claitn.
The action was brought to compel de-
PENDANT to account for money and notes
valued at S3.0i2.S0 alleged to have been
placed in his hands for Investment ard
collection for the benefit of plaintiff.
ana which IN is alleged defendant con-
Yerted to- his own use
The trial was commenced before
Judge Hart but objections were made
to him trying the case SO Judge Booth
was called in to finish II. Judge Hart
ordered the defendant 10 make q COM
pfcte accounting of the money and
when Judge Booth took the case up the
defendant objected to the further trial
ON the grouid that the court had lost
jurisdiction of the case and further
that the court had no authority to order
an accounting. These objections were
overruled by the court and although
defendant ana filed counter-clain, the
court proceeded to enter findings and
judgment by default against defendant
for the sum OF s3.502 without making
any finding as TO the allegations of the
counter-claim.
WITHIN THE LIMIT.
An appeal was taken to the supreme
court and plaintiff filed motion to
dismiss the appeal on the ground that
1t was not taken within the statutory
time. 1t appeared that defendant did
not file his notice of intention to move
for new trial until 10 days after the
findings, and Judgment We're entered
Instead of within FIVE days as
required by law, but inasmuch as he
received no written notice of the
entering of the findings and Judgment
from the attorney for the plaintiff as
required, the supreme court holds that
the notice of intention to move for a
new trial Was filed within time and
hence the appeal should stand.
AS TO COUNTER CLAIM.
The court holds. however, that the
lower court erred in failing to make
some finding In regard to the counter
claim OF defendant and hence the judg-
ment Is set aside for the purpose OF
permitting the court to make new and
complete findings and judgment on
that matter Justice Straup wrote the
opinion of the court which is cpncurred
In by Chief Justice McCarty and JUS
lice trlcK
BONANZA MINING CO.
The other reversal Is in the case of
George Jones against the Bonanza Min
ing & Milling company. g. C. Jones, C.
W. Jones and f. G, Jones, appellants.
The action was brought to enjoin the
defendants from acting as directors of
the company, from holding a stock
holders and directors meeting and
from making n sale of the UrOnarty nF
the company as proposed. 1t was
claimed that the defendants We're IL
legally elected as directors. The lower
court granted the injunction and de-
PENDANTS appealed The supreme court
holds that the plaintiff cannot make
a proper case for relief at this time
hence the injunction is set aside, the
Judgment reversed and the complaint
ordered dismissed. Justice F'rlck wrote
the opinion of the court, which Is con-
CURED In by Chief Justice McCarty
and Justice Straup.