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Show DISTRICT COURT. Captain W. E. Davis is Suing the Darrow Brothers ON A PROMISSORY NOTE. Counter Claims Are Set up Progress of the H. S. Pyne Proceedinsrs-The R, Q. W. By. Co Appeal a Daxnagre Suit Aarainst a Sanpete Farmer Other Bui-neea. Bui-neea. The supplementary proceedings, J. N. Christ ensen vs. H. S. Pyne. begun in the First District conrt yesterday forenoon, were not concluded before be-fore Judge King in chambers last evening as it was extected it would be. The proceedings were instituted merely to compel Mr. Pyne to show in court whether or no he has property subject to levy under the judgment for $1400 00 entered against him on a note upon which he was endorser with F. W. C. Uathen-bruck. Uathen-bruck. No fraud is alleged, The proceedings pro-ceedings are merely to ascertain if some of the property,title to which was vested in Mrs. Pyne long before the judgment was entered, is not subject to levy. The civil suit, W. E. Dayia vs. Darrow Dar-row Brothers was still on when court opened this morning. Arguments were made before the jury and the case submitted, bam A. King and D. D. Houtz appear for Mr. Davis and John M. Zane represents Darrow Brothers' side of the case, The defense sets up Beveral counter-claims against Davis which in total practically cover the $100.00, principal of the note, and interest. in-terest. The counter claims are of course denied, and there is much conflicting con-flicting evidence with regard to many questions of fact for the jury to harmonize. Arguments in the Davis vs. Darrow Brothers case were concluded snortly after 11 o'clock. The judge permitted the jury to separate until after lunch and at 2 o'clock he charged them. They are still out considering the verdict ver-dict as this issue goeB to press. Before adjourning the forenoon session ses-sion the case of the R. G. W. Ey. company com-pany vs. W. F. Young appealed from the justice's court at Fairview, Sanpete county,was called, Attorney Robert3on for plaiLtiff and Attorney Houtz for defendant. All of the papers on appeal ap-peal were not in court and Mr. Houtz moved that the case be dismissed dis-missed because of this. An order was made, however, commanding that the justice be communicated with by wire at once, instructing him to have the papers here on first train, and hearing of the case was continued until un-til tomorrow at the cost of plaintiff. In the justice's court Mr. Young was sued for damage alleged to have been done by his allowing water to run ovar his land and flood up again&t the railroad rail-road bed of the R. G. W. Railway company. com-pany. The verdict was for the defendant, defend-ant, so cause of action, and now the case is appealed by plaintiffs. Court adjourned to chambers where the Pyne matter was taken up. Mr. Pyne on the witness stand proved to the satisfaction of the plaintiffs that no fraudulent transfers of property have been made by him, and that he doesn't possess any property subject to levy. The proceedings stopped here, and the court allowed plaintiffs thirty days in which to take what further steps they may deem necessary in the premises. OTHER BUSINESS, ' An order was today entered com mandicg Captain W. E. Davis to pay all costs incurred in the recent habeas corpus proceedings. Talbert Wilson appeared and pleaded not guilty to the indictment charging grand larceny, An indictment has been found against Jerry M. Richardson, accusing him of rape, A writ of mandate has been applied for by P. H. Beesley against Commissioner Commis-sioner Dudley. It wiil be remembered that the case brought against Mr. Bees-ley Bees-ley by T. G. Webber was tried before Commissioner Dudley twice. The first jury disagreed. The case was taken away from the scond jury on a point of law by the commissioner. The writ of mandate is asked for, to compel com-pel him to hear the case again and allow al-low all the questions of fact to go to the jury. The grand jury at 2 o'clock reported haying found Bixteen indictments, nine under territorial laws and seven under United States laws. The charge against Elisha Jones for the killing of the negro at Fort Du Chesne last fall was ignored by the jury.as was also the charges of grand larceny against Reece Lloyd, John W.W.Lloyd, John Lloyd and' Richard Smith, and the charge of fornication against John Finch. |