Show OGDEN department THE BIG in the cow case of tho bar v valley a 0 orchard company again pj P M hanhy n 1 H R 6 8 joyce J N perkins Ier kluB T J wallace T C westover mid and kilty clity M A hanley llan lcy the defendant last evening fled 0 a demurrer and egr 0 iroini tile allia all ia biorn contained ls ne in the answer and aroi crofit complaint it appears that tb the e pint a of f th 10 action I 1 Is 8 as a to the iho ow or alo MO of r the tho lix IWO shares of stock block of 0 tile thu corporation corpor atlon t OIL a tho h e company claims ill clial at defendant t P M I 1 lenivy held these shar ahkim as trusley tru trus jLee Leo for other parties while hanley that the th disputed belonged to lo wan til in tho the demurrer iwer and cross crons com plaint are very voluminous covering about twenty five typewritten pages tile tho demurrer la Is based upon melve grounds ero unda the th principal of which aro are that thai to tile corn com doo does not show any ally operine net act whereby the tha defendants havo have injured tile til of the corporation ahat ibo com shown that tho the p I 1 havo a plain wid adequate remedy by tile lh 40 e ed officers calling a of llo ill of 0 lila ilio corpo mUon C hat at tho the only of tho the complaint ii to lo havo have tho the court adjudge tho the real plaintiffs aln in inte lerest rest tho the of oc the corporation corpo rallon velch aich the court liaa has no power to do a court of mully equity lias has no jurisdiction in nn an net achon lea of replevin and that tho the plaintiff lina as a 0 plain und remedy remd at law tho the annaer in brief d danles en le that t it IV II if P howo 1171 11 N C kly l brar garp it H H 11 john aison n 11 mid ll JU jit bennett aro are officers coro of oc tho the coal company any but alleges that they etro removed from office on juno 22 21 by tho the hldi at IL a meeting bield far amt purpose ac said do de fendall holdem tl owning nang a majority to alt it mi 10 ahazen shazen haraf 0 of tho the stork stock of lite iho d denies filea that tho the sold hanley removed ahr ahn books ond and of tho the company fully dento s that tile tho defendants assumed to net act as officers nad and directors unlawfully denies that hut the acts act of oc the defend wits will injury or dam ago to tho the allegood that roo Illy gare rol flo lapp ipp IN entson atson and donnell tt aro are tho the real parties plaintiff in interest they beina bc latr put comard hy by tho the bear river irrigation wid and ogden Water waterworks works company boband which lit in tho the curvia conklin mort gam trust company and tho abo north american trust company alleges that these gentlemen only hold ten shares of stock each ol acro tvan voll then them vl without ca con n lichaw that anil that they havo have no authority to act acl as officers of tho the company hut but that tho the defendants aro are tho only genuine duly elected officers of the tha company oom pany and tho the only bonert authorized to transact ira bailot business for the company CROSS COMPLAINT alleges affirmatively all these matters mattera of official in the th that in september mol P M hanley Ha jiley having studied fluit fault growling in utah mado made proposition to IV H then tho the re ceier ot of tile the bar lake and river waterworks Water works and irrigation company to 10 purchase so front from him a tract of luul land find and water right for orchard purposes pur posea alch K was accepted that tho the said ald lanley exploited a 0 and copyrighted a arid and organized a B company for tiro tile purpose that to 10 pet get a title to tho the land tho the said bald hanley executed his hid noto note I 1 to 0 th thal 0 beer lake and river work a and company and to secure tho the same zo IHU shares barc ot of tho stock of oc the orchard company wire vers ikuta to hanley IIan lcy which were placed with alth tho the irrigation company as security and these hares mere to bo be returned to him film as ar the tha land HO pur chad vlas nin improved and the tha note ml that tho the lond VM as pure h ad for I 1 tho lie price of for which A aich hanley gume hlo ble note and uto uio PIA in shares na collateral thet in december 1635 tho the becu rily ana as reduced to W shares share of orchard stock but bul later tho the orchard company gave its ita noto note to tile ali irrigation corn company pany in place of tho the hauler hanley note noie tho the security at that time being vo GW shares of block owned by henley that IV W H in march 18 fraudulently represented to tile tho officers of the iho irrigation company in now new yolk yoi k that fill all sheso shares bo longed to the com compa nv and were pimply hold by alloy to la trust for tho the arri FIL kallon ion company these thee representation boine beine ande de by row a it la in alleged all allce cd for or tho the purpose of c continuing himself in an officio which paid him about MW a your year then follow allegations as to tho the intent of howo to 0 atar At cr the iho orchard company e entire to tho the irrigation company and tho the stops taken to secure that end tho the demoa al of hanley as secretary of taid tho company and tho the eillon by himself and others of the iho now new and directors itna and that it Is tho lila intention of to transfer trana for to somo pel n all these thao OIL shares of stock wid and thus hanley out of tho lila stock it wig hold held by tile the irrigation company it Is ILI axed almuly an af collateral for A do debt bt covered by the nolea les of tho the orchard oo 00 oom m hanyz najiy th the prater of tile tho cross crosa complaint la Is for a restraining order against tho restraining from doing doln the th things t for or which chich uio the original order was waa issued |