The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1907-07-17
REVERSE LOWER
COURT DECISIONS
Supreme Judges Enter Orders
in Several important Matters,
Granting New Hearings.
REFUSES JONES INJUNCTION
HUSBAND TIRES OF ENFORCED
BAcHELoRHooD.

The supreme court yesterday handed
down two decisions in cases of minor i'm
portance. The first was an action brought
at Brigham City by NJ. n. Everett agains
r. II. Jones. an attorney. Everett claimed
that he had placed in Jones' hands for in
vestment and collection money, notes and
claims of the total value of $3,042.S0, and
It was alleged that the defendant had used
the money for his own purposes
Judge Booth Of Provo entered q judC-
ment for the entire amount for the plain
tiff. and Jones appealed alleging that he
had filed a counter claim which had
never been considered by the court. The
supreme court held that this was an error
and sent the case back again for a de-
termination of the defendants rights. The
opinion was written by Justice Straup
and cOncurred in by Chief Justice Nc
Carly and Justice Prick.
The other case was also a reversal.
From the statement of facts it appears
that George Jones applied for an injunc-
ton against the Bonanza Mining & Mill
ing company and @. c. Jones. c. W. Jones
and F. G. Jones. to prevent the holding of
a directors meeting at which 1t pro-
posed TO sell the property of the concern.
II was also charged that the directors
We're Illegally elected. The lower court,
Judge Greenwood presiding granted the
injunction, but the supreme court holds
that the contention of the defendants that
the plaintiff had no right to sue under the
the Injunction is set aside The opinion
was written by Justice Prick and con-
CURED in by the other justices.
Gives John S. Hautz Rehearing.
The supreme court yesterday granted a
Iehearing in the case of John S. Hautz
against the Union Pacific Railroad COM
pany. The case was tried before Judge
Howell at Ogden and was for the al
legged failure of the railroad to carry out
q contract relating to the shipment of
sheep. The railroad won and the supreme
court several months ago reversed the de-
CisiOn and sent the case back for new
trial. The rehearing is granted on all the
matters involved in the controversy.
There was no opinion accompanying the
order.
Wants Divorce From Absent Wife.
Deserted by his bride one month after
their marriage. James r. Peterson waited
nearly two years for her return before
he decided to ask the aid of the courts in
separating the bonds which unite him
to Lena Peterson. The complaint was
filed in the district court yesterday.
James and Lena were married DIT Manti
September s. 1905, and the alleged aban-
donment took place October 5. 1905. it be-
ing asserted that the defendant, without
any Just cause or prOVOcatiOn Wilfully
deserted the plaintiff and has since that
time continued to live separate and apart
from him against his will and without
his consent.
Lack of Evidence Frees Man.
F. Cox. charged with burglary in the
second degree, was released on his own
recOgnizance yesterday by Judge NJ. L.
Richie of the district court on motion OF
Frederick &. LOofbOurOW, district attOr-
ney. In support of his motion that Cox
be released LOofbourow stated that he
doubted the evidence at hand was SUI
ficient to convict Cox and that he did not
like to see Cox languish in Jail only tc
he turned loose next fall by the court il
more evidence is not obtain2ble.
Cox was accused of entering a room al
the Montana boarding house, 43 East Sec
Ond South, occupied by c. Ratclff and
iolmuuist.