| Show THE TION OPINION OF judge av brn TO guz inz tue THE EFFECT THAT A RECEIVER SHOU idi lri LD 1 4 BE APPOINTED in lit the third judicial district com court of utah john E dooley et al trustees plaintiffs rl a v vs the altah utah eastern railroad company et alj defendants TIIE THE COURT in cas case e no 10 the defendant has interposed ter posed a demurrer to the complainants dooley and bennett bennen to certain deeds of trust and t the it e complainants nants have interposed a d to the answer of smith an and d to his cross complaint and also to the t h 6 intervening petition of hardy and other stockholders without taking time to state the allegations actions of the complaint and intervening F ing petition I 1 am of the opinion that lit allegations irions 0 ot the original fitial are sufficient lelent if proven to warrant the court in giving plaintiffs the asked aud and andine zhe allegations of the and cross complaint show a defense and answer to this complaint with respect to the inte into intervening evening petition it appears from the allegations of the petition that chat the union pacific Rill railroad road company compan ansa 0 large portion of the bonds which h ch these trust deeds are given to secure if the allegations are true the I 1 union pacific railroad company compan control controlling lim ile the utah eastern railroad ad company the directors and of that company arid ardd bb fc 0 o controlling them thern that the they make makke no defense to this hl action u under ils zid r such circumstances and under the charges of fraud and collu colla cdoil made I 1 iain lain am ot of the opinion that the stockholders should bo bu permitted to defend I 1 wa am disposed to hold horld that aliat liat all these parties should be permitted to litigate their rights and the court should ascertain what the rights of the respective arties parties are which cannot be botic w without phout some invests In investigation vesti atlon aaion I 1 presume from the allegations of the bill extensive investigation ti and in the meantime a it re celcev shou should ad be appointed all of the parties ask that a receiver he appointed all concur in that the ie I receiver e should be appointed for all and arnd in the lu interest terest of alithe aalthe alt ail the parties althey shall appear upon the final hearing I 1 am of the opinion therefore eat that a receiver should be appointed on the prayer of the original seems to be pretty broad the receiver will be appointed in 1 the he interest of all the thie parties and after r the hearing if necessary to conti continue continua nue nud the receiver such f arther ogder order with respect to the receiver as equity may require can be made it would take considerable time to mention the respective points that were made on the argument and to call attention to the various allegations of the complaints ardd arid the answer bearing thereon at this thil stage of the case I 1 do not deem it necessary to do so |
