Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1908-04-06
FOUR OPINIONS
IN HIGHER COURT
Supreme Bench Affirms Judgment
In All Cases as Rem
dered.
REMINDER OF WIND STORM.
Bishop Case from Davis County Arose
From Peculiar circumstances and
His Award VIII Stand.

The supreme court this morning
handed down four decisions. in all of
which the judgment of the lower court
Is affirmed. The first one came up
from the court of Davis county, In
which the Rocky Mountain Bell Tele-
phone company appealed from judg-
ment of $500 in favor of Amos IL.
Bishop who sued the telephone COM
pany for damages for injuries received
which he charged were due to the neg
ligence of the company. The facts In
the case show that shortly after the
big windstorm of Oct. 20, 1906, the re-
spondent while driving along the road
way between Kaysville and Layton, was
thrown from his vehicle by the horse
becoming entangled in the wires OF the
defendant company which had been al
lowed TO remain on the roadway, fright
ening the amman of the respondent and
causing 1t to become Interchangeable,
The testimony showed that the wires
We're not cleaned up until along in the
middle of November. and while the
company claimed to use all diligence
and haste possible. the court was of the
opinion that the work was not properly
done and that the company was liable
luuRlHGnl
with costs is affirmed against the de-
PENDANT company.
TWO LAND TITLES.
Two appeals coming up from the Sec
ond district affecting title to lands to
which deeds were given as mortgages
to secure the payment of moneys
loaned were also affirmed In the judg-
ment of the lower court James Solo
nj al ba In, IN, h,Ns 4,
cases, and Richard DueIdon is respond
ent, and the cause hangs on the ques-
ton as to whether a mortgage executed
in the form of a deed, with tho under
standing that the same is given to Sc
cure payment of money, conveys title
upon the tender of the money for which
the instruments were given to secure
The supreme court holds that the In
struments were merely to secure the
payment of moneys, and not in the ma
ture of deeds 10 the property where the
money obligation is paid, or rendered
TO be paid. This was the holding of the
lower court, and the findings are af-
firmed.
The fourth opinion involved the right
of a man to rights in property after
once having relinquished them. The
case is entitled A. II. Outright, appel
liant, VS. the Union Savings & Invest
ment Company, respondent, appealed
from the decision of the third district.
Judge Lewiss division. Outright Sc
cured an assignment of the equities of
one jenkins, which the latter held by
virtue of an arrangement between him
self and the building company, but
which Jenkins relinquished by refus-
ing to keep up payments on the prop
erty and delivering the key to the COM
pany's representative. Outright at
tempted to secure his equity
right on the ground that Jen-
kins could not relinquish his
right In the manner claimed, and the
lower court decided In favor of the
company. An appeal was taken, and
on reviewing the evidence and court
procedure, the supreme court is of the
opinion that the facts bear out the
decision of the lower tribunal, and the
judgment is affirmed.