The Ogden standard. [volume] (Ogden City, Utah) 1902-1910, 1909-08-24
SALT LAKE AND
STATE news
M'WHIRTER WINS
HIS POKER CASE.
Supreme Court Decides He Can
Recover Sf,050 Lost at
Cards.

Salt Lake City, Aug 23.-Wlniam
McWhirter can recover the ten hun
dred and iifty dollars belonglng to the
famous "Dr." ames Donaldson. for
which McWhirter got judgment in the
Third district court, according to a de-
cision of the state supreme court
handed down this morning. and the su-
preme court gives couple Of reasons
for It's decision.
In effect tho court finds that tho
plea of Donaldson's attorneys 10 have
the case reopened because they fan.
cied they had stipulation with Nc
Winters attorneys will not hold wa.
ter Then the court goes on to cx-
plain that, even il there had been such
a stipulation, the court would not have
rcopened the case, because Donaldson
won the money by gambling
The case decided this morning was
an outgrowth of the famous game OF
stud poker at the Antlers roomlng
house. After the smoke aroused by
charges against the police authorities
had partly blown away the McWhIrt-
ers discovered that Donaldson sun
had possession of some money sub
ject to attachment, and they sued for
a writ.
stipulation Useless.
Judgment on this writ was obtained
by default Then came the plea
of Donaldson attorneys that they
thought they had stipulation with
the attorneys for the McWhlrteTs
which precluded judgment by default
The case was taken up on appeal. but
was lost.
Justice McCarty wrote the decision
handed down this morning. and Justice
]. f. Frlc6 concurs. Chief Justice D
n. Straup dissents.
The decision recites the history OF
the case and tells how NJ, P Braffet,
the first attorney for the McWhirters
went on their bond for the writ of
attachment. thus being disqualified
from appearing as attorney for the Nc
Winters in court. Sam Russell en-
tered formal appearance In the case
S r. Thurman and S. A King. It
is related, we're attorneys for Donald
son. King went on DonaldSon's bond
and WAS therefore disqualified. Attor
neys King and BTalfet are reported to
have made a verbal stipulation with
regard to the filing Of an answer in
the suit. McWhlrter became impatient
and. after some negotiations. engaged
James Insebretsen as his attorney
both Brafiet and Russell receiving
their fees in full Ingebretsen brought
the case Into court and secured the
judgment by default.
Made Out of Court.
In commenting on the case the de-
clsion says,
I'VE are therefore asked to give eff
feet to an oral stipulation made with
an attorney out of court, which, under
the circumstances, the attorney could
not have entered Into In open court
without placing himself IN a position
where he could have been proceeded
against for contempt OF court The
mere statement OF the proposition is
all that is necessary TO refute and
overturn any ARGUMENT that can be
made in favor of It,"
Then comes the part Of the decision
referring to DoQaldson's case. lie reads
as follows,
There is another reason why ap-
pellant Is not entitled to have the case
reopened. No principle OF law is more
firmly established nor more strictly
adhered to than that which prevents
the setting aside OF Judgment TO en-
able a party 10 interpose an uncon-
sclonable defense
I'm the answer rendered by appel
liant in connection with his motion to
vacate the judgment is Is alleged.
among other things, that Alexander
McWhirter took hand and engaged
In said game of cards and then and
there wagered upon the result of said
game; that as result of said game
this defendant then and there won
said money. according 10 the rules Of
said game, and In accordance with
said rules then claimed aud took pos.
session of the same
Hands Not Clean.
"It VIII thus be observed that ap'
pellant seeks 10 invoke the equitable
powers of the court TO enable him to
retain the ilI-sotten gains which lie
nefariously acquired by an open and
1agrant violation of the penal statutl
OF this state. He does not come INTO
court with clean hands In such case
equity gives no relief. but leaves the
party where 1t finds him