Show Li4 THE DOUGLASS mVORGE r Plaintiff Dismisses His Action Without 1 With-out Defendants Knowledge I > CROSS COMPLAINT READY STAKING SERIOUS CTTATLGES AGAINST UK DOUGLASS Salt Lake Implement Companys Affairs the Subject of Litigation j Sirs Radcliffe Files Two Damage J Suits Action on an Insurance PolicyIbex Receivers Report Objected Criminal Court Probate Matters and General k Notes The divorce suit of J Marcus Douglass against Mattie A Douglass in which the plaintiff charged his wife with cruelty was dismissed on Monday in Judge Hiles court on motion mo-tion of the plaintiffs counsel Messrs Breeze Burrows It was understood that the parties had made up their quarrel and were going to live together in peace and happiness in the future Ths supposition however appears not to have been well founded for yesterday yes-terday afternoon Attorney E E Winters Win-ters not being aware that Douglass had had his complaint dismissed came into the office of the clerk of the district dis-trict court with an answer and a cross complaint which he wanted to file on behalf of Mrs Douglass but as the suit had been dismissed an answer and cross complaint were not iu order Mrs Douglass was afterwards seen and she says that no reconciliation has taken place between herself and her husband and there is not likely to be any and that it is her intention to file a separate suit for divorce on the grounds set up in the cross complaint ANSWER AND CROSS COMPLAINT In the answer and cross complaint which was prepared by Attorney Winters Win-ters and sworn to by Mrs Douglass the allegations of the complaint to the effect that Mrs Douglass was cruel tot to-t her husband struck him blackened his 1k eyes used foul and abusive language to him and threatened to kill him are denied By way of cross complaint Mrs Douglass alleges gross cruelty on the part of her husband She specifies several sev-eral times when she says he kicked and beat her and threw her over a chair She also says that late one night he turned her out of the house and kept her in the street for more than an hour He also she avers called her the vilest of names and curses and swore at her KEPT ON BREAD AND WATER According to her statement he willfully will-fully neglected to provide for her and for eight days kept her on bread and water In July last she says he compelled com-pelled her to peddle lunches at the Rio Grande Western depot and made her get up and go to the depot at 5 oclock in the morning for that purpose which made her sick with rheumatism and other ailments He also according to i Mrs Douglass statement kicked and f severely hurt her 16yearold daughter by a former marriage She further alleges that her husband is of a jealous and disagreeable disposition dis-position that he earns 150 a month and she asks for a decree of divorce 50 temporary alimony 40 a month permanent alimony and costs of suit ALLEGES FRAUD t P E McGurrin Against Salt Lake Implement Company and Others Frank E McGurrin suing for himself him-self and others similarly situated has entered suit against the Salt Lake Implement Im-plement company and others It is alleged al-leged in the complaint that the defendant defend-ant companys capital stock consisted t of 2000 shares of the par value of 5100 each of which only 436 shares have been issued and of said 436 shares 230 shares are owned and held by this plaintiff the defendant Mattison B Whitney owned 230 shares the defendant defend-ant Henry Thane one share and the other defendant William H Streeper five shares It is then alleged that on Dec 9 1893 the officers of the defendant defend-ant company illegally and over the protest of the plaintiff transferred the stock and lease of premises and fixtures fix-tures of the defendant company worth 1 5750 to Samuel Peterson jr and I Walter C Lyman for a stated consideration consid-eration of 5353526 and accepted the unsecured notes of Peterson and Ly man as payment < H jne ufieiiuaiii5 men incorporated anew a-new company called the Utah Implement Imple-ment company for the purpose of continuing con-tinuing the business of the Salt Lake Implement company with a capital of l 50000 divided int shares of 100 each and the property of the Salt Lake Improvement Im-provement company was transferred to the new company by Whitney Thane Streeper Peterson and Lyman and stock was issued to Peterson 124 shares to Lyman 125 shares to Whitney Whit-ney 249 shares to Streeper one share and to one F F Be one share It is then alleed the transfer of the assets of the Salt Lake Implement company to Peterson and Lyman and the issuance of stock in the new company L com-pany to Lyman Whitney Streeper Peterson and Bee was fraudulent and that Peterson and Lyman never paid anything for the assets of the Salt Lake Improvement company transferred trans-ferred to them Plaintiff further alleges that he is entitled to a 230436 part or share in the new company by reason of his ownership owner-ship in the Salt Lake Implement company com-pany Wherefore he demands judgment judg-ment that Whitney Streeper and Thane lie required to account to plaintiff plain-tiff for all profits stock or other value they have received or realized by reason rea-son of the alleged fraudulent acts sales and transfers and that he have judgment for the amount thereof and such other relief as is just and equitable equit-able TWO DAMAGE SUITS Mrs Hadcliffe Sues Salt Lake City and the Rapid Transit Co Two damage suits were yesterday filed in the Third district court by Sarah Radcliffe and Thomas Radcliffe one against Salt Lake City and one against the Salt Lake Rapid Transit i company i In the complaint it is alleged that on IV the evening of Nov 17 1897 Mrs Rad cliffe was a passenger on a street car of the Rapid Transit company and that in alighting from said car at the int ection of L and First streets she stepped into an open sewer opposite which the conductor carelessly it is alleged stopped the car by reason of 1 which Mrs Radcliffe was seriously injured in-jured about the spine and back to her damage in the sum of 510375 for which judgment is prayed In the plaintiffs action against Salt Lake City it is i alleged the sewer was allowed to remain unguarded and was in a dangerous condition and without lights and the plaintiffs claim 10375 damages from the city Objections to Receivers Report A number of objections to the report of the receiver of the Ibex Mines Smelting company were yesterday filed on behalf of the labor claimants the Sierra Nevada Lumber company and W S McCornick The items objected to are witness lees stenographers fees referees fees and the claim of the Horn Silver Mining Min-ing company for 141084 for the reason r I that the same are unauthorized and arose by reason of the alleged wrongful wrong-ful acts of the receiver The objectors ask that 237344 be charged against the receiver personally personal-ly for the reason that the receiver lost that amount by accepting ore from the Horn Silver company at wrong weights and wrong assays The sum of 250 paid Jones Schroeder as attorneys fees is also objected ob-jected to The receivers salary of 100 a month since Dec 2 1896 Sundry small items for clerks fees and so forth are also objected to PIEBPONT CONFESSES Having Had Immoral Relations With Anna Rosengren George Pierpont was yesterday put forward for trial before Judge Norrell and a jury on the charge of fornication fornica-tion alleged to have been committed with one Anna Rosengren on Sept 24 1896 Assistant County Attorney Putnam Put-nam prosecuted and Messrs Wilson and Waddell represented the defendant defend-ant Pierpont entered a plea of not guilty but saved the prosecution the trouble of proving him guilty by going on the witness stand and admitting that he committed the act The jury returned a verdict accordingly and Dec 13 was set as the time for passing sentence Probate Matters A petition for the appointment of C M Nielsen as administrator of the estate of the late David Maxey was yesterday filed in the probate court The property left consisting of real estate is valued at 400 The widow and children are the heirs Bertha Wonder asked to be appointed administratrix of the estate of the late Robert Wonder for the purpose of bringing suit for damages against the Horn Silver Mining company the deceased de-ceased having met his death by an accident while in the employ of that company Estate of Peter Sutherland deceased William Kam appointed administrator administra-tor with will annexed and bond fixed at 800 Estate of Edith Weiler deceased I Heber S Cutler appointed administrator administra-tor on filing bond in the sum of 1500 Suit on an Insurance Policy A suit was yesterday filed in the district dis-trict court by McGurrin McGurrin on behalf of Roda Powers against the Penn Mutual Life Insurance company to recover 346 and interest on a life insurance policy on the life of the late Joshua C Taylor which policy was assigned as-signed to the plaintiff to secure the I f payment of a promissory note for 300 and interest The company refused to pay for the reason that the father of the deceased il set up a claim to the policy which excuse for not paying the plaintiff alleges al-leges is frivolous Whitaker Acquitted Henry Whitaker quite a youth was put on trial on the charge of burglarizing burglar-izing the premises of George Tall on Sixth West and North Temple streets on March 6 1897 and stealing there from a set of harness valued at 15 The harness was sold to Gus Pierce of Farmington and Pierce took the stand and testified that Whitaker was not the man who sold him the harness The case reached the jury in the af ternoon and a verdict of not guilty was returned Short Orders H W Fuller vs W R Smith et al judgment and decree of foreclosure for the plaintiff for 73337 and costs O H Rohrer vs Jeremiah Schenck argued and submitted Charles Burgess vs the Salt Lake City Railway company defendants I motion for a new trial overruled Court Cullings Minnie Hunmah a person of unsound I mind by Edward F Colborn her guardian is suing A J Dutton and Emma C Dutton to collect 499305 on I a promissory note secured by a mortgage mort-gage Henry Batie has entered suit for divorce from Mary L Batie alleging I that the marriage took place on Sept 23 1S93 in the territory of New Mexico Mex-ico and that on July 2 1895 his wife I deserted him without cause and continues con-tinues to live separate and apart from I him Mr C B Felt who has occupied the position of a deputy clerk of the Third district court for nearly a year has tendered his resignation to Clerk Dun bar to take effect as soon as Mr Dun bar finds a successor to Mr Felt which will probably be in a few days Mr Felt was very capable conscientious i and painstaking in his work and the j clerks office loses a good man He goes to take a more lucrative position in the office of O J Salisbury A law partnership has been formed between Congressman W H King Judge J W Burton and the county 1 attorney of Utah county Mr S A King under the firm name of King Burton King with offices on the fourth floor of the Commercial block in this city and in the First National bank building at Provo Mr S A King will continue to reside at Provo and attend to that end of the business while Congressman King and Judge I Burton will so arrange matters that one or the other of them will be in Salt Lake always This partnership forms I a strong aggregation of legal talent and the members of the firm are so well and favorably known that they I need no introduction |