Show CASE AGAINST I CHURCH DISMISSED C. C A. A and Don C. C Musser Wont Won't Bear Expenses HAS DRAGGED FOR A YEAR Three Demurrers Filed IJ by the thc Defendant De Dc- c- c I c Ha Been Sustained Involves oh s Account of or Tithes Tithe Upon motion motion of or of Charles S S. S Zane Zalle appearing for the plaintiffs th the case of Don Carlos Caries W. W Musser 1 and Charles A A. A against Josph Joseph Joseph Jos- Jos eph ph I. I F. F Smith trustee trust of or the Church of Jesue Christ of day Latter ay Saints Saint was dismissed yesterday after- after nom Judge Charles Charlos W. W Morse because the plaintiffs refu refuted refused e to pa pay the he COts costs of an appeal to the lie Supreme court of Utah The ca case e was tiled filed against President ent Smith and the mem- mem ers of the thc church chulch asking for an accounting accounting ac nc- ac- ac counting of the tithes paid Into the tho church b by its members and de demanding tie tie- manding a an ii Injunction restraining President ent Joseph F F. Smith from also I enter enter- ung ng Into commercial an and competitive justness business j enterprises When hen the case was aS called Mn Judge Juige l Met Morse's ei court Judge Zane Lane saidI said I I move that this case be hc dismissed e Tho The plaintiffs refuse to become responsible responsible sible for fOl the costs o of an appeal to 0 the supreme court I ask that the thc dismissal be e entered without prejudice to the commencement of another action Judge Morse Immediately Immediate dismissed the case The complaint alleged that the yearly tithing receipts of V the church amounted tl to and that this money was being placed In business business busi busl- ness enterprises cs The rho complaint also plated that donations wore made to the church o of property and money an and thc plaintiffs asked that an accounting be made of all Three For Foi more than a year ear the tho case cac has dragged through the third district court without coming to trial Three demurrers filed b by tho the Ileen defendant ant III In Inthe the case se w were ere re sustained by the court t. Twice amended complaints were tiled med b by the plaintiffs but the last laHl demurrer demur demur- of or the tho defendant which was waH sustained sims sus s- s was us not answered h by the plaintiffs plaintiffs plain plain- tiffs and anti no amendment was filed lUcci Judge Zano attempted to lo have the tho ca case c appealed to the lie Supreme court where a L hearing hearing- could coul be ha had Muster Musser Iu er ernd and nd refused to furnish mono money to have a transcript made mad a and an undertaking filed It Is understood however howe that providing Judge Zano can secure enough money to put the case through h th the supreme court another action similar to the one SOd dismissed yesterday e will be hI ed It Is IH said I that Musser an and waite walto will appear as the tho plaintiffs In Inthe Inthe inthe the action |