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Show ' plngre Natlor.nl bank la ctwe the1 court should hold that the certlflcato ofabvand Bulmjquent deed of the njierlff-cf yebor county held by the hnnk :wu-!ty ' for ("th' payment of it 'certoln: noto; for $i,fV00 glvos a tUV J n' fpr; si roplrr trrthn property. " Thy Jdcfendtintji In their appraraneij In court ye&terduy maintained that a Vo:?iynTrfllod. by (horn cemntltuN-d . tbo-'poundi Upon wh'ch thoy would jf-lv for-tlif'KJInHolntlori of. tho Injunc tloninll'T' Jiidco Jlowell. nnd th IJaUlp- )ifpro.tht "ffinTt for the eni ilr' la5''jvnson. question of law. j The statements contained In thi rffmurrnr nro that the romplnlnt ut terod by th-p'fllutirf d0P3 not cou-tain cou-tain facts wufflc'ont to constitute a cause of action; that thorc la a nils-Joinder nils-Joinder of parties, R M. Robinson and tho P1nre National bank hav inn no rHa'.lonshlp la the present transact'on: that tho causes of action ac-tion embraced In tho complaint are Improperly Joined. In that the prayer of th; complaint askn that title to the projerty bo quieted and also that the Plngre National bank pay dam-nws dam-nws to the plaintiff; nd, also, that the comnlalnt Is ambiguous nnd unintelligible. un-intelligible. . Mr. Kurtz U now In possession of the property and. if the defendants defend-ants fall to show proTKr cause why the Injnnctton should be dissolve,, dis-solve,, he will remain In posesslon until the matter l-j finally disposed I of. There an array of legul talAnt on bo'h Bides of the case, Msinnl3 & M'ffinnls, A. G. Horn and Halverson & Pratt apnearln? for the plain-tin: plain-tin: II. II. Henderson and TV D. Johnson renrontlns: TV M. Rohln-son. Rohln-son. and WHIN and TVVln anpear-lng anpear-lng for the Pingrre National bank. SOU SUSTAINS HIE IWCmI Judge Joshua Crconwood, who Is ; he-arinii tho "Saultarluru" case, yesterday yes-terday mittained the iuJuucUon against 15. M. IU-biuson, asking that tho latter not Interfere with the operation op-eration of the Sanitarium, hut refused re-fused to dix.solve the order, lu so far in the Pingree National hank was concerned. Hating that the bank had , hgal badness connection with the j Otden Canyon Sanitarium company. The ruling was made pending th? I'ostpontment of consideration of the ease ;ia naked by the defendant, who j lequesied the post peinem cut that some ' evidence haMnn" nn iran'ortant bear-r bear-r 'UK might he Introduced. Tlie question beforo tho court yes- terdny was wheLer au Inlunctioa .-ilnst ir.terfcr(ince. of the dofe-ndauta in the nporation'of the Ogden Canyon Sanitarium, shall remain Iq forco during the pendency f thu present litlmtion. The Injury-jtlon .was .1a- 5ned by Judge Ifowll a number of i days apo upon the filing of a com-I com-I plaint by Mr. Kurtz ettin forth hat ho Is entitled to a hearing re-pardine re-pardine the title to tho property, and aluo asking for damages agalrut tho |
