Salt Lake Tribune | 1897-11-07 | Page 9 | Tax Injunction Suit

IX injunction SUI SUIT emony as to ryan adval leard eard by judge hiles RING WAS NOT FINISHED I 1 A 33 caring on the tha in fridente Fri dence been heard the irad had ile lt iut indicated 1 that it would lay cy tile motion to dissolve and I 1 defense ha hastened to ask asit for it which wa ans as irth arther er hearing an col question of appeal r r a c tile the supreme co coutt out t decided by motion odicon for r in injunction insor lotion I 1 lit tile the of samuel vs henry glenry iran the or ajax mining company fa them occupied judge judg e aln atla alla in alio t c third TI ird la almost vt rt court yesterday kijuc llon Is played for by alc L to ryan from doting shares ot of ajax stock upon the it e A i that tut the stock la 13 in 1 reality the arty ot of the company compan anil that procured it with the lh look in knox pre Adent ot of tile hie com coln borough fraud tik mock in question ou cEllon bonnelly fon fOrt nelly neily bri bei i 11 W 1 I anti llory 1 hot at park city I 1 ito ho nt at alie t lie battle bied tail a claim ut t cwi against the company alil com rany any lit in 1 isa the ll 11 shares learea it if block and alleles All elds anil and w contends cont atla the sale 0 of tile to toan rian and the belli by b tle company of the snyder hicl ds lalm balm alere tle one and the ran alion and that as tin tile com coal calil aid for or the stock it should have icet of 0 it i and ami the company contend on oil lier lie hand that the two tw 0 itter r separate and distinct and hf h mcany has no net legitimate what r afon ill stock n the natka has Os called up lip bold beld lilies clensay Cle a demurrer aas as argued hikly tr ruled aft r which alch tilt indru I 1 naf li on in tile part of tile the it snyders iNY DERS I 1 sn r I 1 aho vho he IN waa a a tile the first MR alt illi I 1 it i stilled lit in brief that he h iida the block to hyan in lie I 1 az for ila ryan liyan asree agree le IP thern retain a contingent inin tho stock and also agic eing ehlt laim against the ajax aja y made a first alln atler how han hr n ryan had becony bacon a diorec ti the company Kni pany bp told lold him that lil id not redeem his pic linke a ai 4 to the a elrd lien in alit 11 roukh the hie claim van lament by tho the compana of if i cash cah a promise to pay lad a cirie or of a tunnel i and dumping ground roq rn lamination sir mr snyder at 1 l then was wait an assessment aisenson m of oc ammari per alerd ien upon tho the stock n atler tr the halt to ryan liyan arid and eked him to pay nay a portion of nt tho the kiwit under the contingent agree inyl r refused and ryan h he bould treat the stock a an in aneer r to 10 the declaration disclaimed any In tret what hal ahr th tie noi k slid and the entire assed ai rail pali k hy v ryan the econ corn MU r said had nothing I 1 I 1 nil ill the inetter and ibi ballo hh ill lh ill company at a later late date was aa distinct aiom tho the transom tie alon on redirect examination mr snyder declined to a any that tile alic contract of setti ment with tin tile company aaa as an fn in sath faction or lit in place noice of the th contract cont rori ath I 1 ran lie jle admitted having said to J judge of of chinni coin nI for fir mc Iii Ili tyre cover it wits a toile lul 1111 tile th word substitute lip ex x I 1 allied lia hii becil usei used anad inn VALUE Bc tim DEAL isaac jennings fornier and secretary or of tile hie ajax rom pany uns a giboo ali succeeding witness tile the direct los almony of f mr jennings aas as that ajax stock tit at the time or ilyana purchase rui pui chase was worth to GO 60 cents per r share on cross examination lie admitted tl that lie he yield had purchased a few w mont I 1 s fetock prior to this ti lime me for r 3 roll rents 9 pr share allar ire he further testified esti ried that hat ill 1000 1 claim of snyder and shields and their chires of stock offered to him for jle he accept the lie ho Ij lio lie dalae ise tins tile money lie also admitted A at ie had purchased haRed toot fihs ihs area of stock front from tile the company for n short time before deal and that in an another 0 ther case whole 37 L cents not s per illare alvois raid paid for p mock block or c r un ILL stock a 1010 aw claim against the e vai thrown in 1 li it Zil cleman formerly of salt lake hill now of anaconda mont then illen took the th tanj stand and ami gave the only testimony of the flay clay to tending to in directly connect tile the filled settlement with snyder awl shields shield with tilt the hi sale ot of tho the block to ryan hickmann HicK mana testimony on oil the point was nas that ryan rvan told hirn him in 11 th ill spring of lar that lie ho rave pavo 9 snyder ler some money and an inte interest iest in ille the cobb tunnel for the block on I 1 poss cross elii examination in anat icon bickman Ilick nian denied that that ho be wits unfriendly iv to ryan samuel mcintyre tho the plaintiff vaa the next and last vitting vitti sg mr air mcintyre to testified ts tiled generally that he h had always opposed tile settlement with and shields as made mad and that lie he did not con consider gider tile the i in an advantageous one for the company lie he had also alho talked to knok a year or so ago affo about the stock deal and told him at that time that tho the pill or of the stock and tho the settlement acH kment of thi the dalm claim wits was one transaction knox kirn tc him bo bolever hoe Never vcr that tile the transactions were separate eppi irate and distinct at the conclusion of the testimony the defense moved for or a dissolution of the hie order and a denial e or the motion for an all injunction upon til the e ground that there was no te testimony stimon Y in the ease case upon it i to base an all injunction and that the complaint sta stated t ed no ito fact upon bich a ord order er should now have been issued ALARMED TUP tun DEFENs li ohp th motion vas aas argued briefly after which vilich judge blips te marked that the testimony or of hackman as to ryans declaration about the iho pur purchase 01 0 th 1 I 1 stock had apparently beer been I 1 ea overlooked As it wai evident that ills lionor honor 1 intended I denying the innel tallon Tn llon the de defense v e n I 1 hastened to ask ark pel mission to introduce testimony exola explaining ning that their motion van in ill the nature of nf a motion mitlon for rou non sult and that they hal had not intended t to lest their case the courts ruling haq ap he apil in abeyance and the ti defense daf cenap will lie be heard from tome me time lime durins the present jre sont work week la Is represented by brown oc se henderson enderson II anti P J laly dally and tile the defendants fend ants by judge ning and dey street QUESTION OF APPEAL waiver of notice by co defendants held sufficient tilt the supreme court handed donin in an pinion opinion yesterday on the in vilon I 1 to dismiss tho the appeal in the th le case or tho ill I 1 belleville pump paroo and S skein ke 1 n N arks or 1 cs vs ve almo ablin and george M cannon 1 appellants th motion to iv was made ade upon tho the ground that all of I 1 the h adverse d I 1 or be pa parties had not been served iila ian notice as a 4 required by law it appears from the accord that there I 1 were a number of in the I 1 raso case but that thai only two to appe appealed oled also aldo that ihal th appellants served their nolton i of on oil tile the plain till but did not borve it on their co thu filed a I 1 motion to LIN als i but before tile the matter hul had tl ban n called un the ro co entered then heir voluntary appearance and it calv alved l sort service lee of notice of appeal this alg balsi bcd d the ahe juc stion of vili whether ether or not site i api appearance learance submission and w alver alth notten nott or of tile the sanio saint were to confer jurisdiction on oil appeal jn in passing upon tile the matter mailer tho the court paya FRYS the purpose or of an all appeal li 14 to biang I 1 very party to the notion hoac chose in kulil be injuriously affected by a isal rat or of of tho the judgment under linder the jurisdiction nt of abo ah artiel late court tills this Is upon the iho InIn I 1 ii ciple that t no nemon can lie be de dc strived of its ills interests or lights light in any in Id leial proceeding proceed lne in lits ills abse absence ro or ll hout first having had h ad his day clay in court and having been arror afforded ded an opportunity to lie be heard tho the same purpose it seem is 19 axilen dpn those aho v ho are interested lit hi Op opposing rosing the alch the op pel lants seeks enter theft jhc thc lf appears appearance ke in fit tile the appellate court and ami notice of appeal jn in order that the advirse party ariy lie hound bound by the judgment of of the Opo appellate liate coul cobit t it Is 14 necessary that lie ho he bo brought before ll it but vil v lether wf this bf be by it hostile notice from tile the appellant appL llant or bv voluntary appearance and waiving of notice Is 11 ll it either cither ase the court has jurisdiction anti and all the ti ri artles are hound bound by its judgment when the respondent IS 13 properly lie fore tile the court and insists that a co defendant has interests which hlll III lie be injuriously affected by a reversal or modification atlon of the judgment lie he has no richt to comp liln of tho the manner in 11 hach jurisdiction of such defendant codefendant co Is obtained the cobit accordingly holds holdi that tile the respondent having been properly served 1 tilt notice of the appeal and all the co defendants having entered tin an appearance pear pe arance lince consented to jurisdiction and notice the appeal was effectual to confer the opinion ta 19 written by justice dartch find ami chief jubilee zane and justice miner concur A deserted wife rot ronno iian hall was granted a dacree l arpe I 1 fit f d divorce I 1 vorce from J L ball iy ay judge lilies on n tile the grounds of de be lien and failure to support mrs mra llah halt testified thoat that she was waa married to tile the defendant in february and that lie h deserted her lit la december ISUG IRIG since the late date of the desertion mrs hall guither said paid she had been compelled to t support herself this testimony being corroborated mra ira liall hall aaa aa given her freedom riled ailed assistant Al tant county attorney putnam tiled against the ratio follow ins ing named defendants in fix tile the thaid district court yesterday murder in the erht degree for the killing of maitin look lock at sandy pandy on sol william Ila malicy lioy burglary bui glary oliver blunter r passing pacing count counterfoil erfIl money andrew blell attempt ing to commit grand larcena the defendants will be arraigned on tuesday next court notes lions savings bank and trust company has ha filed an lotion action against anna lovendahl adminis tr trix ot of tho the es ea late lale of ltv swan e A AI lavendahl deceased ind and chrlene lovendahl ao lo 10 collect 1000 on a a r note nole secured by n mortgage charlos charles AL Leva Lc vander rider of f sweden vias A admitted elmit ted to elli citizenship zenshin by judge lilies yesterday district court orders william vs val J spalding SpaHl nt I 1 motion to dismiss denied C J 0 irwin vs a D 1 crafts et ct al notion motion toe for default dellied J Thom noon VS va salt lake rapid transit corn com company pany rany for neav trial overs tilt it pacific cOm compact PAnt vs salt balce city motion tor for A new trial argued and r et ct nl ili vy Vs 17 it stwart rr of 1 ll 11 I pence application tor for alt arll of den dellill lill salt I lio company ron irany vs vo the ibex mine and company ruz I 1 d it that t claim of oc F T slat k Ur in ill I 1 h gem bum of nt tins hf he bald and thin thie taxes be upon the compardy coni com puny parly for the current burrt nl year n R K Kho khonia nid george stanton et ct ILI al judgment lit in favor of plaintiff S SL todd and george stani ton for 27 and costs Fici bate orders estate of oc john S dalls deceased petula for final granted estate of thomas allsop deceased order of kale 1 of real estate made 7 T R ta 0 JL again cewill we will prove our title to the leadership tomorrow will commence undoubtedly the GREATEST SALE of its kind in the city every one of our departments will contribute and in addition to this we have this past week received FIVE OF NOVELTY N jv ELTTY 7 STYLES OF Ps 71 11 that are now in our showrooms show rooms ready for inspection A better selected stock can positively not be found all these goods have been marked down your dollar never had the value we will give it these next seven days cil should be selected now is the proper time to choose dont wait uncil the choicest 5 ga F ta things have passed into other hands if you are not ready we will put it aside for you remember the old saying A thing of beauty is a joy forever our o show rooms are full of joys fo revers and if you wish to lo select a present you will never be puzzled what to buy if you only drop in at the leaders FREED FURNITURE CARPET COMPANY 30 to 40 east 1 third I laird south 35 45 62 98 1 68 buys THIS WEER WEEK AT BUYS THIS WEEK AT BUYS THIS WEEK AT BUYS THIS WEEK AT BUYS THIS WEEK AT BUYS THIS WEEK AT FIt EEDS A yard of the highest grade royal A yard of 0 heavy 2 ply ingrain in 20 A card of good brussels in pretty A yard of oc first class velvet carpet in wilton carpet in 50 0 private designed I 1 pair of pretty packy patterned lace curtains w patterns aoda goods regular worth coc patterns a quality that always patterns hard to beat bran new color patterns extremely beautiful market full width and ai 31 yards long 1 cane seat dining room chair high sells eella at ingo inga a inn marvel arvei at it 11 00 price always considered a bargain at ICO back nicely carved regular price 1285 1850 BUYS THIS WEEK AT BUYS THIS wrex WEEK AT 17 REEDS BUYS THIS WEER WEEK AT BUYS THIS WEEK AT FIL ErDS BUYS THIS WEEK AT FrE IDS BUYS THIS WEEK AT A good first plass oak front one 1 large vow willow arm rocker where I 1 large arm arin rocker lit in pretty birch I 1 3 alece bedroom elegant sit le ie the prettiest d borated alece dinner door wardrobe Is na as roomy as any A fine brass bod bed full size lit in undoubtedly 1 oil 0 u can flad nice carving on back cobbler neat A ever offered two door and li 14 regular JI r bargain at d a world of cf camf rt hardwood hard wood dresser dreamt r ti uh set pet for 1150 we regi it a the beat value ever offered to ot erdl large be bevel el biarl wy div 1 Y n tremendous value at 1150 I 1 ICO placed order for 1000 10 00 we have a good value at al ST tdeo 60 minor best beet balue aue seen been at 1360 some borne before tallar tai plenty others end and all As ve ne only liae hilte a few come early readied reached them goods in this ihla line are arc special bargains TOYS nuys 1065 1265 tais WEEK AT FREED A an Plo 1 ait gant morris BUYS THIS WEEK AT BUYS THIS WEEK AT S BUYS tins THIS WEEK AT BUYS THIS WEEK AT BUYS THIS WEEK AT MEEDS 1 y reclining aff chair oak or 0 r 1 in mahogany e J mona 01 finale gramc w wa ith I 1 oak bookcase and secretary I 1 2 A C G alece wilton rug ruff covel covered td parlor covered lit alece hotel bedroom suite hord bard A solid oak ak center table top A bard wood mantel folding bed full elegant decant IC petr L T 1 1 chair ban mv never been rood good stylo style and an all unusual value iyoob tasty style full size bed made built very heavy never left our house size 1 neat style with alth a good bood reinforced suite bulte every floco Is a gem mado made with 1 lamn on the market far or less than 14 at 15 1501 00 good and strong Is in in dimand di mand anand at ta 00 tor for tests lens than aco pring other dealers poll pell same at best beat covet in and filling A close buyer elsm will consider it it good value at 62 FURNITURE BUYS THIS WEER WEEK AT 89 BUYS THIS WEER WEEK AT BUYS THIS WEEK AT FREED hl 12 different rl styles vt of phol atrel BUYS THIS WEEK AT breeds