| Show SHEEP ROCK MINING CO Salt to Stop the Levying nod Collection Col-lection of an A ei imeut K Charles Barton and twentytwo other stockholders of the Sheep Rock Mining and Milling company yesterday filed a complaint in equity in the Third district court against William Campbell Camp-bell the Sheep Rock Mining and Mill ing company and others defendants for the purpose of restraining the defendants de-fendants from collecting an assessment of 5 cents per share on the capital stock of the company I is alleged that the corporation was incorporated on September 3 1893 with a capital stock of 262500 divided into 52500 shares of which the plaintiffs are the owners of 24500 shares The capital stock was fully paid up when the company was incorporated and the stock made nonassessable I is then further alleged that on December 26 I the defendants pretending to act as aboard I a-board of directors levied an assessment assess-ment of 5cents per share and proceeded pr ed to illegally collect same and wrongfully wrong-fully advertised the stock of the plaintiffs plain-tiffs as delinquent I Is alleged that the resolution passed at a pretended meeting of the directors providing for the levying of such assessment was illegal legal inadequate and insufficient and that the resolution determining to sell stock as delinquent was also illegal I is also alleged that Joshua Colt Rdbert Colt George Chandler Colt W F Wyman K Charles Barton John W Chandler Abraham Hanauer Chas W Morse and Frank Pierce are the directors of the company and that the defendants William Campbell Charles i M Freed Tom Ferguson Thomas A I Houghton Irving I Higley Hyrum A Leipsiger Carl S Schmidt Duncan J Frew and Simon Eiseman illegally usurped the offices of directors and while so usurping said office levied the pretended assessment Plaintiffs pray for a restraining order preventing the defendants from levying levy-ing the assessment and from selling I I any of the stock as delinquent and Chat defendants may be ousted from I the directorate I Judge Young issued a temporary restraining re-straining order and set February 21 for the defendants to show cause why same should not be made permanent Suffered NonSuit The arguments on a motion for a nonsuit in the case of John C Cleveland Cleve-land against H P Henderson and P L Williams executors of the will of the late Frank H Dyer were resumed yesterday morning before Judge Young I and his honor granted the nonsuit and allowed the plaintiff twenty days I to file exceptions The plaintiff sued to recover 3500 the amount of a conditional I condi-tional legacy bequeathed to him by the late Mr Dyer Two Ineffectual Attempts at n Verdict Ver-dict The suit of the State Bank of Utah against the BurtonGardner company et al to recover 512000 on a promissory promis-sory note was concluded yesterday I in Judge Streets court that is it was J concluded all but the verdict The jury made two ineffectual attempts I at-tempts at rendering a verdict They came into court and handed to the I I clerk a purported verdict which read that they found the issues for the I plaintiff and against the defendapt I BurtonGardner company and also other defendants and that the 4000 j I paid on the note should be credited I The court declined to receive this asa as-a verdict for the reason that the other defendants should be named and the amount with Interest for which the verdict was rendered should be specified speci-fied The jurors then retired to their room again and after struggling for an hour and a half with the question came back into court and presented another purported verdict but still the amount owing the plaintiff was not figured out and they again returned to their room with instructions to bring in a sealed verdict according to law this morning Damage Suit The case of Charles T Husbands vs Salt Lake Equitable Coop Institution was commenced yesterday afternoon before Judge Street and a jury Judge Powers and D N Straup appearing for the plaintiff and Judge Anderson and F S Richards for the defendant The plaintiffs case was that on Feb 6 1894 the defendants obstructed the sidewalk in front of their premises on Richards street by piling bales of hay thereon in such a way as to make it unsafe for pedestrians and that on the date mentioned the plaintiff was pass Ing and owing to the obstruction fell from the sidewalk and very seriously injured himself to his damage in the sum of 52500 for which judgment is prayed The defendants denied their liability and alleged contributory negligence The case was proceeding when court adjourned till 10 oclock this morning Short Orders J N Powers vs Lorenzo Kinney et al decree quieting title signed J S Bowers vs Jennie M Frolseth et al dismissed Thomas1 J Parker vs Martin Mahn kin et alr order made staying pro Qeedlpg on default and staying iticig ment for five days pending filing of motion to set aside default j F B Willis vs Salt Lake Building and Loan association arguedand submitted sub-mitted John N Courtney vs H L Egler trial set for Feb 20 Andrew Anderson vs Daly Mining company demurrer to complaint overruled over-ruled and twenty days to answer Jacob Anderson vs Daly Mining company same order J N Rowland et al vs Cartwright et al motion for nonsuit sustained P L Schmidt vs M M Kellogg judgment for plaintiff for ISO and interest in-terest R W W McAllister vs Henry An derson dismissed at defendants cost Revision of Conrt Rules A committee composed of Judges Sutherland Harkness P L Williams H P Henderson and C S Varian was appointed by the judges of the Third district court to suggest and report to the court as soon as practicable such recommendations and amendments as the committee may deem desirable of the rules governing court procedure Would Cut Their Hearts Ont A warrant was yesterday issued from Justice Harveys court for the arrest of Emma Jackson on a charge of disturbing the peace of Signora Scott and Ella Grice by using oaths and other bad language and threatening threaten-ing to cut the hearts out of the ladies and to pound them into dust Probate Court Orders Estate of Caroline Bouford deceased deceas-ed hearing on petition for order set ting apart entire estate to minors set for March 7 Estate of Anna M Westerfleld Feb 29 set for hearing amended petition for letters of administration Estate of James Y Marshall deceas ed Feb 25 at 930 a in set for hearing return of sale of real estate |
