Show A restraining ORDER issued by judge to prevent advertising of property by the county treasurer at thal suit of the commercial national bank Fers goes to the penitentiary tent iary for one year answer in tha depot case the commercial national bank of ogden yesterday filed suit against alma D Cb ambera as treasurer of weber county yest iu its complaint beta out that it ie a corporation organized and existing under and by virtue of the banking act of the united states and euch national bank has been doing business in ogden city that the defendant is the duly elected qualified and acting treasurer of weber county that on the ath day ot march 1697 the cashier of plaintiff in order to aid the assessor of said county in determining the value of its stock tarnished a duly verified statement to said assessor showing the amount and number of such ebanes of he capital stock the amount of its undivided profits the amount of its investments in real and the names and places of leai dence of all its together with the number of shares held by each that eaid statement was duly rendered and made and was accepted by said es sessor that of the stick of plaintiff is now and was invested in and represented by bonds made and issued by the united states ot america and that plaintiff supplemented its eaid statement ade and delivered said assessor of said webar county by the assessor and the boad of equalization of said county for eaid year with an affidavit duly made and sworn to by the enid cashier showing that abo said of the capital sock of the plaintiff was and is so invested and represented by eaid bands of the united states aforesaid that in said statement furnished by plaintiff cashier to the assessor was included certain real estate of the dalae of then and now belonging to plaintiff and situate in said weber county the same a in the notice set out that said assessor and eaid board of instead of ascertaining the net of the shares of capital stock ot plaintiff after allowing all deductions and exemptions and asse esin the bame to the respective stockholders and owners thereof levied a tax upon and assessed the whole capital acock without allowing any exemptions in to the plaintiff and in accordance herewith defendant to plaintiff after eaid board of equalization had for eaid year tax notices which are in the complaint that the plaintiff does not own any elarea whatsoever ot its capital stock that lack and every tax and mentioned in the except the and assessments cu the real ia illegal not authorized by law and void that the plaintiff has paid all the taxes on the real estate mentioned in the notices that were levied or assessed thereon for the year 1807 thy same being all the reil estate ned by or to plain tiffin eaid weber county for eaid year that by reason of said unlawful levy and assessment upon the capital stock of plaintiff a cloud has been cast upon plaintiffs title to the real estate by reason of the lien thereto attaching for the amount of taxes claimed to be due by defendant for taxes upon plaintiffs said capital stock that defendant is about to and threatens and holds out be intends to as delinquent lin quent and for eale and to beell plain eaid real estate to pay the taxes unlawfully asse asad and levied upon capital stork and to give tax sale certificates and deeds to she purchasers chereta thereby casting a further and additional cloud upon plaintiffs title to the mentioned real estate that plaintiff has no plain adequate or complete remedy at law and tuat by reason of the promises plaintiff will suffer and sustain great and irreparable injury and damage and the plaintiff prays judgment that the eaid tax levied and assessment upon the capital stock of plaintiff fur the year 1897 be beet aside and adjudged and decreed unlawful end void that said defendant be ordered and required cause before this court at a time and place to be designated why he should not be enjoined from advertising as linquest lin quent or for sale and from selling plaintiffs eaid real estate and every part and parcel to satisfy said taxes so levied upon the stock of plaintiff that in the meantime he bis agent servants attorneys and employed emp loyes be strained by order 0 this doing any of said thing that upon the bearing of eaid order to show cadee eald defendant be enjoined from doing any of said things permanently A temporary restraining order to such effect was signed by judge this case is to be an interesting one it will have an effect on the other similar institution of the cit wherein the property is to ba advertised as de taxes the answer of the defendant in abo case of the oregon short line railway company ys the ogden union railway 1 and depot company was tiled yesterday denying the important allegations of the plaintiffs complaint frank ferguson alias frank Kt ewart who together with frank brown held up john peterson on the highway near the poor farm last august and who at entered a plea of not guilty and utter wards changed it to gaiety gail ty was yes berday sentenced to berve a term ot one year in tho state penitentiary A motion in the case of wm reese against B malan to dismiss was denied by judge and in the case of the utah loan and trust company against F hurlbut plaintiff was granted leave to withdraw the tax receipts heretofore used exhibits |