Show DECISION GIVEN AGAINST THE BANK WILLIAM A wethel AGAINST DESERET NATIONAL BANK case involved the sale of a herd of sheep by auction judge rendered a decision this morning in the case of william A wetzel vs the despret national bank and emil ajax defendants robert kirk defendant and andrew kirk intervenor a matter which has for some been under advisement vi ruling in favor of the plaintiff and the intervenor tho case involves a suit for the price ot a herd ot over 1500 head of sheep sold at auction by the bank and cpr for damages and for tion the suit was begun october 7 1303 when mr filed a complaint charging the banki with unla taking possession of his sheep in morgan county and selling them at auction later the to an affidavit to the effect that he was tho owner of the sheep on august 31 1904 the deseret national bank felled an amended answer and counterclaim alleging that the sheep were sold for in satisfaction of a promissory note of 2 aad interest duo the lank from robert kirk who gave the former a chattel mortgage on the sheep as security for the money loaned the bank held that mr had permitted mr kirk to handle and sell the sheep without raising any objection and by this course had lost all right to tho property and therefore had no cause for action the banks counterclaim was for the sum of for wages for stewart and walter hill who took care of the and tor coals of foreclosure by the decision of judge to day mr wetzel Is awarded damages da cages as prayed the court ordered the findings prepared in accordance with the decision harrington and hanford were attorneys for the plaintiff andrew kirk became intervenor in the case on the grounds as were alleged that part 0 the sheep sold were a flock ho had previously put in mr getzels wetzels Wet herd in the case of the mammoth pottery company vs H L white C R hollingsworth was sworn for V C gunnill for defendant on defendants motion to stay and prevent execution and the matter was taken under ad |