Show SALT LAKE NEWS the case of nf Theop hilaa pare ms against A E hyde john beck george arthur rice and charles Lum bummers mers dorf is in being tried before b e f e a tury ury in bior judge cherrys c coart 0 i t plaintiff lalu tiff inthis in this case caso brought action to recover 1600 ailed to badue be dee on a written awre agreement ement beating boating date of june let 1891 whereby defendants de to are alleged to have agreed to transfer to W P balding belding ol 01 oj the sevier mining and milling company tle the defendants hyde itice rice and in their answer etuy the allegations of the complaint cono com and further allege that prior to the beginning ot of the suit no notice was given them ot of euy iny or tranger of the writ ite aten a agreement tr ment nor had any demand ev ever r been en made for the tho stock defend lari ante ts further tet let out that iu iii the spring of 1892 9 fur for a certain value belding released lea e d beck from the delivery of any shares ana at the same ami time rave beck an order on the other defendants to deliver all 11 the stock to dim it is also set out that the sevier mining and milling maling company was incorporated I 1 on the ath of june 1891 by the def nd ad ant anta named in the fiction action and william L robt the subscription ol 01 oL capital block stock was as not made in but by means of the transfer of certain mining claim claims in payment for which the block stock was I 1 an ed in order to obtain the transfer of the mining claims the defendants paid to the owners part in cash and agreed to deliver in addition a portion of the stock upon which the corp orators bad had an option to buy them at a certain figure the ladt named block stock was issued to the former owners of the mining claim claims and placed in escrow the american national bank the corpor corporation atlon having the option to buy the same at a fixed price on or belore a certain date it the price was paid the terms of the escrow provided that the stock should be delivered to the corp corpora orators tore and if net act it huld be turned over to the owners of thy the mining claims claim this stock referred to defendant defendants allege is the sane stock by plaintiff in hi his s complaint defendants further eay say that belding given 1 notice of these facts and was aware bat that if defendants did not within the prescribed time pay for the stock and release it from escrow that they uley a a consequence forfeited all right to it it ia is also alleged that none of the de fen danis danle named exercised the option to purchase the stock or withdrew it front from the back bank under the th terms tarnis of escrow court news I 1 jolin john gei and X nellie ellie Tul lidee have natili aad judge niiles for foi their appoint ol 01 the wate estate 0 of the late mary ann bowering tal I 1 i dr e the property consists ol 01 real es ate of the value of 2000 the case of the united states against flank mcbride and J W con cunnington hington ning ton charged with embezzling funds from the salt lake poet post office has been continued for the term the care of MInnie Pope vs TO 8 ight 11 14 clark et al RI receivers rece ivera ol 01 the union pa catic has been tb T b case ease of G F P culmer vs to annie hooper caine et al alaa stricken from the calendar by judge hilee today but we wee later liter reinstated a and nd jannary january 3rd nm set as the dato to bear motion to dismiss deseret newe news |