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Show SANITARIUM CASE STILL IN COURT Judge Joshua Greenwood, accompanied accom-panied by Court Stenographer W. L. took of the Fifth judicial district, are in the city on court business. Judge Greenwood has been callod Into In-to the ca.se of J. H. Kurtz vs. B. M. Robinson and tho Plngree National bank, commonly known as the "Sanitarium "San-itarium case," Judge Howell ordering order-ing that the matter be beard by hlni. It Is likely that Judge Greenwood will hear the entire proceeding from this time until tho matter l.s finally adjusted. The question before the court today to-day is whether un injunction against the Interference of the defendants in the operation of the Ogden Canyon Sanitarium, shall remain in force duriug the pendency of the present litlivitlon. The injurytlon w;es Issued Is-sued by Judge Howell a number of days ago upon the filing of a complaint com-plaint by Mr. Kurtz wetlm forth that he Is entitled to a hearing regarding re-garding the title to the property, and also asking for damages against tho Plngree National bank In case tho court should hold that the certificate of sale and subsequent deed of the sheriff of Weber county held by the bank as security for the payment of a certain note for $5500 gives a title in fee simple to the property. The defendants in their anpoarance In court this morning maintained that a demurrer filed by them constituted the grounds upon which they would rely for the dissolution of the injunction injunc-tion made by Judge Howell, nnd tho battle before the court for the entire en-tire day will bo on quetstlon of law. The statements contained In tho demurrer are that tho complaint uttered ut-tered by tho plaintiff does not contain con-tain facts sufficient to constitute a cause of action: that there Is a mis-Joinder mis-Joinder of parties, B. M. Robinson and tho Plngree National bank having hav-ing no relationship In the present transaction; that the causes of action ac-tion embraced In the complaint are improperly Joined, in that the prayer of the complaint asks that title to tho property be quieted and also that the Plngree National bank pay dam-ares dam-ares to the plaintiff; and, also, that the complaint Is ambiguous and unintelligible. un-intelligible. The arguments of the attorneys will occupy the time of the court during the afternoon and, likely, a part of tomorrow. Mr. Kurtz Is now in possession pos-session of the property nni, if the defendants fall to show proper caue why the Injunction should be dissolved, dis-solved, he will remain in possession until the matter is finally disposed of. There Is an array of legal talent on both sides of the case. Maglnnls C- Maglnnls. A. G. Horn aud Georce Halver9on appearing for the plaintiff; plain-tiff; H. II. Henderson and T. D. j Johnson representing B M. Robinson, Robin-son, and Willis and DeVine appearing appear-ing for the Pingree National bank. I |