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Show MANY WITNESSES CALLED TO OGDEN Dispute Over .i Horse Results in a Struggle in the Courts Winch Will Cost More Than the Animal and Forced a Big Part of Cedar City, Utah, to travel 300 Miles to Testify. . I In Judge Harris' division of the district court this morning the ca of the Rocky Mountain Stud Farm compan of Ogden againsl ll li Lunt, Henry' Leigh. Peter B Fife. I II Arthur. Samuel V Tipli n.li' u ( orry. R L Jones, Arthur Jones, Thomas Dix. Herbert W Webster. .John E Hover lanns Rwllorh. David IC. Bulloch, John T Bulloch, naulel Stevens, John Bauer. Will McFar-lane, McFar-lane, Cnaunce) McFarlane, A Webb. Francis Webster Jr. and ('hark 008 dell of Cedar City, was called for trial. District Attornev K. II. Ryan of the Fifth judicial district repre-senting repre-senting the plaintiff ami Attorney Joseph Jo-seph Chez of Ogden and W F. Knox of Beaver representing the defendants defen-dants The jurymen for (he Kebniarv term were on hand and examinations as to their statutory qualification.-. were instituted, after which the Impaneling of the required number to he.tr the case was taken up. The suit was begun by the plaintiff company to recover $2 6r alleged to be due on an agreement entered into in-to by the parties In August of 1010 at Cedar City for the purchase of a certain cer-tain stallion. Sir Charles Lvnn The cost of the animal Is alleged to have been ?'.40f The plaintitff claims that the defendants have paid 11,371.31 of i that amount The defendants deny generally the allegations of the complaint and allege al-lege affirmatively that there never was an "outright sale' of the horse to them, but on the contrary a trade was j made by which the plaintiff company was to accept the stock of a joint stock companv of Cedar City, which stock was represented In the ownership owner-ship of a horse known as Buffet, and cash in the sum of $1,250 The defendants de-fendants allege further that the horse Sir Charles Lynn was never turned over to them and that it was understood under-stood that the agreement entered into in-to for the purchase of the horse was not to go Into effect until the president presi-dent of the plaintiff company. E. W Patrick, should secure a bona fide transfer of the stock of the indiviu ual members of the joint stock com- j pany which owned the horse Buffet This the defendants claim was never, done and that the president of the , plaintiff company acted Fraudulently to get the signatures of the defendants defen-dants to an agreement specifying n bona fide sale and purchase of tho horse Sir Charles Lynn The defendants contend that the stock book of the Buffet Joint stock company was turned over to the plaintiff plain-tiff company and that the stockholders stockhold-ers have been swindled out of their stock In th sum of $l.27F and $616. -55 In notes and cash payments made to President B. W. Patrick of the plaintiff company, and that they lost In stud service $440. making in all a total of $2,330.65, for which amount they ask judgment It is stated by the attorneys that 32 persons of Cedar City are direct -Iv or indirectly concerned In the case and that there w ill be called lo the stand more than 35 witnesses, requiring requir-ing three weeks' time of the court. Fudge Harris has set no other case , for the February' term fully expecting I that ii will take the entire month lo settle the differences between the parties. The coal of the suit will amount to considerable more than' the I amount involved, besides the lime that will be lost to the Cedar City people In coming to Ogden to appear hi the case. An attempt was made by the attorneys at-torneys for the defendants to have the case taken to the Fifth district, but Inasmuc h as the articles of agreement agree-ment on which the plainliff company relies for payment of the account provides pro-vides that the money shall be paid in Ogden. the plaintiff objected and the court denied the motion for the change of venue. Most of the defendants arrived from Cedar City this morning, having traveled trav-eled ihe distance of more than 300 miles. Good progress was made in the case this morning the jury having been Bet ure. and the opening statement of the controversy made to the jury by counsel for the piaintiff company. The introduction of testimony was begun this aitcrnoon The following jurymen were sworn to try the Issues.' Peter M Poulsen. lohn IT Warren. War-ren. Thomas Irvine, lames McReth, G. C. Chandler. C. Y Taggert. Byron R Moyes and Samuel Shuw. |