The Salt Lake herald-Republican. [volume] (Salt Lake City, Utah) 1909-1918, 1910-04-28
SUPREME COURT
GIVES DECISIONS
Four important Rulings Handed
Down by Highest Tribunal
of State.
REvERSES TWO JUDGES
FINDINGS OF ANOTHER COURT
ARE SUSTAINED.
REvERSES TWO JUDGES

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SUPREME COURT RULINGS. :
Edward Patterson. appellant. VS.. =
John Ryan Judge Joshua Green
wood, Fifth district. reversedi :,
remaRded for new trial. =
L. III. Erickson va. MOr0nf Chflds, =
appellant; Judge j. r. ChldesteR,
seventh district. affirmed.
DR.. a.. Il. Bristol. appellant, Va. y
Noah Brent and the AtcAisOn,
Topeka q SANTA Re Railway y
CO.I Judge VI. l.. Ritchie, Third
district. reversed. and new judg- :
Elent ordered
y state en- rel. Henry Newell Va. the =
Third district court. Judge =
George G. Armstrong. W. b. Al =
bertsOR, receiver for Salt Lake y
Public Service company, ct al, 4
order quashing former Judgment \
declared null and weld.
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Four opinions were handed down by
the supreme court Yesterday two re-
versing judgments OF the district court
Judges one affirming and the fourth
declaring null and void orders made
by Judge George G. Armstrong of the
Third district In quashing q previous
order in the case OF Henry Newell
against ". B. Albertson. receiver Of
the Salt Lake Public Service company
and others. in regard to the sale of
certain personal property 70 satisfy a
Judgment rendered in favor of Newell.
All four of the opinions were writ
ten by Justice J. F. Frick and con
Cured in by Chief Justice u. n. Straup
snd Justice ". II. Mccarthy.
New Trial Ordered.
In the case of Edward Patterson. ad-
ministra tor of the estate of John Pat
H. Tal.-
the supreme court reverses Judge Josh
ua Greenwood Of the Fifth district and
remands the case for new trial. The
action was brought by Patterson TO
quiet title to water in what is known
as Postum Pah springs. Pine Grove val
ley, Beaver county. Thomas McCune
originally filed upon tie land in 1895
as desert land entry. but protests were
filed and the application was denied by
the government land office in January,
1905. In 1891 John Patterson went to
live upon the land near the springs,
built home, fenced in some land and
hOmesteaded it. He died December IS,
1905. Ryan claimed Patterson had no
rights there and applied for the segTe-
cation of the land and water, but was
denied. He was a cattle man and re-
tsired possession of the land. This re-
suited in the suit OF Patterson, the ad-
ministratOr, to quiet title. judge
Greenwood found for Ryan and held that
Patterson had no rights. The supreme
court holds that the trial court erred
In this finding but states there is not
sufficient information before the court
upon which TO direct findings. and
therefore reveTses Judge Greenwood
and remands the case for a new trial
Judge J. F. Chichester is affirmed in
the case of l.. n. Erickson against Mo-
roni Childs. appellant. The action was
for tTespass Erickson claiming that
cattle belonging TO Childs had wandered
into his lucern field and eaten the lu-
Germ, TO the damage of S175. The SUI
preme court states that because of the
uncertainty of the evidence on both
sides, the trial court would have been
within his rights in finding for either
party. Judge Chichester gave DANA ges
10 Erickson for $175. and this is af-
firmed.
Wins for Third Time.
For the third time the action of Dr.
q. f. Bristol appellant, against Noah
Brent and the AtchisOn. Topeka d San
Ia Fe Railway company, was before the
supreme court I'm one form or another
= nd again Bristol wins The supreme
court holds in this case that garnish-
ment proceedings can be maintained
2 gsinst a foreign corporation. providing
the proper service can be made. In this
instance, the service was made upon
the agent OF the company in Salt Lake, |
where an office was maintained. The
Judgment of Judge NJ. l.. Richie OF the