The Salt Lake tribune. [volume] (Salt Lake City, Utah) 1890-current, 1910-06-04
Three Judgments Are Reversed
and Two Are Affirmed
OH Friday.
FIVE OPINIONS HANDED
DOWN BY AUGUST BODY
New Trial Granted in $4,000
Damage Case of Robinson
Against City.

Five opinions were handed down by the
supreme court OH Friday three of which
reversed tho judgments OF the lower
courts and two affirmed the lower courts
Justice j. L. Friclt wrote all OF the opin-
ions, which were concurrcd i'll by Chief
Justice Straup and Justice McCarty.
The Judgment in the case of John
Robinson. appellant against Salt Lake
city. tried before Judge Armstrong. was
reversed. with Instructions Ia grant a
new trial. Robinson sued to recover
damages in the sum of $4,000 for per-
sonal injuries alleged TO have been re-
ccived by being thrown from his wagon
on South Temple street, between Sixth
and Seventh West streets, February II,
1903 While driving along the street his
wagon ran into an excavation. left un-
guarded. and Robinson thrown out
and one OF his legs broken.
After the plaintiff submitted all his
evidence. Judge Armstrong granted tho
motion of City Attorney Dininny for Il
nonsIit. and dismissed the case, upon
The grounds that Robinson had failed to
prove his cause OF action and that the
city had made the excavation in the
street. or that il had been left for any
notice oil its being in the street. The
supreme court holds that the lower court
erred in granting the nonsuit and,
therefore. grants Il new trial.
reversal ana NEW Tr1al.
\ reversal and a new trial also are
granted In the case OF William T.. Bills
appellant. against Salt Lake city. In
which jury In Judge Armstrong; court
returned a verdict In favor of the city,
no cause OF action. Bills sued 10 re-
by riding his bicycle into an excavation
ON South Temple street, near Second
East street. April 10. 1907. The city
set up contributory negligence on tho
part of Bills as its defense. and the in
structlons of the court on the question
OF contribuioIy negligence were eN-
his interests. The supreme court also
takes this view and holds that the lower
court erred
In the case OF A. Il. Snow. plaintiff;
NJ, r. Brothers. as assignee, substitute
plaintiff and appellant. against Il. M.
West. the Judgment OF the lower court
right TO set OF two judgments obtained
by West against Snow as against a
Judgment obtained by Snow against
West Snow secured judgment against
West for SlOoO as damages Tor levy
on the formers library. claimed exempt
After the judgment was obtained. II was
assigned by Snow to Brothers
West had two judgments against
Snow. amounting TO sS62-20 and sl59,
respectively. He filed a motion that
these two be set off against the
judgment secured by Snow. and the low
or court granted the motion. thus leav-
ing balance due to Snow, or his as
signce. OF S6oS.3i
1t was contended by Brothers that
nndcr the statutes. the Judgment in favor
of Snow, having been given as damages
FOR the levy and sale OF exempt prop
crty. also was exempt and hence the
set off should not have been allowed.
Not Resident of Utah.
The supreme court holds that this con-
tcntion would have been good had II not
been for the fact that. when the set of was
claimed. Snow had departed from the
state and had ceased TO be a resident
of Utah. hence he could not claim an
exemption under the laws of Utah, In
view Of this fact, the court holds.
Shows assignee would not have any
greater right than he. hence no eXemp
lion could be claimed.
,hG case Of Emil 5. RoIapp;s trustee. ap-
pea pei RiIread %dst re UsaTm nd 1h anfer
OF the estate OF A. II, G. Smith is re-
Versed. and the lower court is ordered
10 amend Its findings of fact and con-
clusious of law TO conform 10 The views
expressed by the supreme court
The action was brought TO foreclose
two trust deeds on the property OF the
20. 1904, for $4,000. and the other dated
September u. 1904, for $4,000 The
lower court rendered a decree OF fore
closure, but permitted Judgment Sc
cured by Smith. amounting to s27Sl %. TO
take priority the first trust deed
and ordered IL paid out Of the proceeds
OF the sale OF Inc property bctorc inc
deed mentioned, The supreme court
holds that the judgment appealed from
IS for too large an amount and hence
rcverscS IL
In the case OF the state against Lorenzo
Montgomery. appellant, the judgment OF
Inc lower court Is affirmed. Mont
Gomcry was found guilty in the district
court of Weber county February Q, 1909,
OF Il criminal assault on Ruby Stanford
aCcd 16 years, and WAS sentenced TO
eighteen months i'll the state prison. The
supreme court denies him new trial.