Show THE MUST nSf fElL he is cecilly of I 1 hie foert alie question nf the contempt pro against r if dyer or rf uini to answer certain aa 0 o tin as receiver in the bint against the Cli came up in alie supreme court monday afternoon lach of lie judges filed ain opinion agreeing that the questions alio I 1 of air ier at the examination before judge liar kness should liae been answered by him there was a slight difference of opinion as to ibe scope of the order ol 01 the court but it was in some re chief justice reab an opinion in he said it waa lie enlen ioanu have alio examiner take evidence aa to the ol 01 ri the question of compensation was not referred though alie order of the court could imply that under this roi then dyer should have answered the questions ions put to him by lie was advised by his counsel not to answer and in tiny alie receivers attorneys were dearly wrong it the order of the court waa wrong they should leave applied 0 o alio court the examination t hould be reopened and proceed on the charges madr and the lit acini had aa early as pot eible 1 lie oceh er v have been fined if it had not been stat his counsel ud ased leini not to answer As it is ho will have alie opportunity port unity to purge himself of the contempt at a time to bo fixed by alio court judge henderson read an opinion in chich be held that alio charges of misconduct made against the receiver lial not been the order of the court 03 drand waa somewhat uncertain and embraced more than came within the scope of the decision of alie alio examination was not a of eliat before judge Kp raue but for another purpose examiner harkness vim given enlarged powers as to evidence would be admitted from the various carlies lar lies allegations of frauds misconduct fraudulent claims etc ilie examiner nas directed to permit a full investigation 21 the to have four jan 1 the defence shall have four da s the report is to bal made by aeh 10 and the joae is beet fur hearing a the eu court on jan 10 judge opinion said he ailed mr dyer were proper ani should have been the question of compensation was not before the examiner but all cliar goa against the receiver were before him and the witness answer judigo It oreman differed froni the other judges in al louing alie order to cje arnaud ed and considered was already in proper form I 1 air dyer does not an alvier vier lie questions he bo adjudged in contempt the of ahe receiver should bo thoroughly investigated vesti gated and oo 00 to I 1 bo to come in the aliola matter should be effiel to the liott cm alie order 09 modified gives full room or a alon fir that as the representative senta tive of tho ho had no confidence ilie charges mado against receiver dyer lie however like to be present at alio hearing before the court if the dat could bo changed from feb 10 to fob 12 ife had to ba in st paal on feb 15 after bome colloquy with lie court as to the for the investigation aa agreement was bo zico sad M cat cwt that they to ohp reedier wa dulas with attic OW in lila pw judge if matter for aliu at the final account mr Williama Judge binea sug the of by the counsel on the oilier nde i it tiling judge isane sir ciui ims wo haie sir wl warmly Thin is it new and we want to know jibb w aliat liat I 1 hey mean judge Bj mlford alie examination nal be in mard to the misleading of alio coin t julge gnp ii that all 7 J 10 lo banford no it will take in all julia yaw y aw mill you irow alio order and submit it to tho other ile after further discussion judge powers was instructed to draft the the court ir said tho government woula take the poi ilion that the amount 0 compensation for both receiver aej his attorneys was too large of the order waa postponed till last evening slit FOR for a or he bol kill properly yesterday alio following complaint vaa filed ile clerk of the first court by captain at one time conceded with the swan people in alie district court of the first judicial district of utah weber county john 11 ria wisba and A II 11 swan defendants said plaintiff john R complains of said defendants W II 11 and A II 11 anan and for causo of action alleges thit th it at ogden W ber county utah on july alie plaintiff and the defendant W it swan contracted together in writing in the words and figures following ogden utah july 1838 this ia to certify that I 1 W R awan now engaged in a real estate enterprise adjoining the city of Oden the land bavius lieen hought by and associates ruin and robinson and embracing three hundred acres of land more or less for and in consideration of one dollar legal money of alie united to me n band paid and fur other good and valuable considerations hereby agree to divide john R all net arising from the pale of said property to which I 1 may bo legally entitled aa follows I 1 to retain for mv own we and benefit two thirds of 8 dij bet profits and to pay to said john R cne third of said bet profits division Divi eion of to be made from time to time after property Is paid for W R ewt by A II 11 swan ally in fact F W the iliin tiff then alleges that A 11 artan vaa attorney in that as euon aa the contract was effected defendant in connection with plain hiir began t carry the contract into bettt lt lie further alleged that the real nn in bald contract coa tract oliree hundred acres of land in badon and describes said pr opery embracing alie nob hill addition iio also alleges that A 11 hwan appearing aa attorney in fact is lancely interested in eaid real estate and that the defendants have sold large portions of eaid land and are proceeding to ehll the remainder ma inder plaintiff alleges the bales heretofore made iao been as to make a large profit to the ea d defendant to wit A profit of uno hundred and twenty thousand dollars plaintiff alleges on his information and belief and such as to show and to indicate a further profit to be realized out of eaid sales made and to be made of two hundred und ten thousand dollars to paid defendants alleges on hia and belief that the plaintiff to the one third of eaid promila made and to be made abat said A II 11 swan is the general manager of the defendants defend anta in the col it stion of the proceeds of maid sales made upon his information and belief bo lief and he tier elates on his and belief that euid A II 11 in plaintiff slates on liis information and beleff that all documents memoranda and papers relating to the sales herein mentioned of llie portions of eaid real cutata aliat liat have been cold are in alie possession of the defendant and none of them are in the po bes ion of llie that alie dB of haid sales already made in to he said have been amply to kiy for said property and leave a large excess on hands tow to w it the groots aforesaid hut defendants neglect to appropriate llie to that purpose that plaintiff has demanded dom time ami again of alie that hey to him for said sales made but to render any account whatever her leavo neglected and refused he f hither alleges defendants are appropriating to their oun uso the money and groota derived from stid sales and expending plaintiffs share in other contrary to his will and that if receiver is not appointed defendants defend anta action will wark great and irreparable injury to thal plaintiff plaintiff demands judgment ast 1st fur a receiver pending aliis suit to charge of said proceed of sales and said real estate and manage the same tinder the directions of lie court and for a receiver on the final hearing of the cause for the biche purpose nd that alie defendants account to plaintiff and tho court under its directions ions for all their transactions in alie premises tinting them fully and in detail and showing to whom and for what each parcel baa been sold or contracted and what they have done with tho proceeds of paid sales ard 3rd that the defendants bo restrained and enjoined pending this suit from further selling or disposing of said property or collecting alio proceeds and in the final hearing of this baoe hat said injunction may bo perpetual ath that alie plaintiff have judgment against the defendants tor lucli sam as may be found duo him on said and for his costs and ath demanda judgment for all such other and further relief both general and special u to th court shall seem meet in the pelige pe mige A IRRIS and SMITH bemi altya for plaintiff foil dyser asta and liver corn plaint you have a printed guarantee on every battla of oha cr t never fails to cure for eale by F st 8 16 cm |