Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1889-04-11

ecuted powers of attorney to receive single
warrant for a particular month. He has several
times signed blank powers of attorney without
any month being inserted before his signature
distinct understanding and agreement with said
plaintiff that only one months warrant should
be expressed in any enc power of attorney.
SWEEPING DENIAL
And this defendant further AYERS that he
never at any time signed any power OF attorney
that had been filed out or in which had been
written authority to receive The warrant faiiing
due to this defendant at any time after the month
of February, 1859, and never at any time signed
or subscribed his name to any power OF attorney
with the intent or understanding that the plain
tiff or any other person was to have authority
to fill out said blank thereafter by inserting
therein the name of any month after the month
of February, 1889 And this defendant denies
that there is any power of attorney from him TO
said plaintiff now on file in the office OF the
State Controller or elsewhere which still re-
mains in force, of record or unrevoked.
FIVE PER CENT, COMPOUNDED MONTHLY.
And this defendant denies that there is any
Indebtedness due from this defendant TO any
person or creditor which is subject 10 the terms
OF any trust agreement with said plaintiff, and
he denies that the amount due from him to said
Plaintiff is about 81 600, or any greater amount
than about SS0O: and whatever sum is now due
or owing to said plaintiff IS for interest COM
puted at the unc0Dscionabie rate OF hNe per
cent. per month, compounded monthly, on
sums of money borrowed, more than the prlncl-
pal OF which has been paid. Aud this defend
ant further denies that he, with the intent TO
detraud the plaintiff, or any other creditors, or
with the design of defeating the execution OF
the said or any trust agreement land he denies
that there was any such trust sgreement), or to
evade the payment of all or any OF the demands
or indebtedness in the complaint mentioned.
has demanded of said State Controller afore-
said, said salary warrant for the month of
upon any such conditions has attempted to re-
yoke or cancel the said or any powers of attor-
ney; or that he, with any such intent or pur-
pose threatens to or will, unless restrained by
order OF this Court, obtain from said state Con-
troller the said or any salary warrant for the
month of March, 1883, or any other warrants
whatever $
WANTS TO HANDLE HIS OWN WARRANTS.
And this defendant adm is and AYERS that it is
his intention hereafter personally and in his
own right to receive from the Controller of State
all warrants which may be drawn in favor of
this defendant as such State Librarian, and to
apply the same in a just and proper manner to
the payment of his legal debts, and to his legit-
innate uses and purposes.
And he denies that it is or ever has been his
purpose or intent to dispose OF his salary in q
manner different from any agreement or ar
rangement ever by him made, or TO dissipate or
divert his salary or earnings from the proper,
legitimate and lawful channels in which said
moneys should flow.
And he denies that 1t is his intention to do
anything dishonest or to impede hinder or de-
lay any creditors having just and lawful claim
against this defendant, and denies thai any
course of conduct contemplated on his part in
relation to the receipt of SAID warrants from
the State Controller or otherwise will work
great or any irreparable injury to the plaintiff
or 20 any creditor of this defendant
HEIsEN NOT a PHILANTHRoPIsT
And this defendant specially AYERS that said
plaintiff has no matter of concern or interest
whstever as trustee or otherwise of any other
creditor OF this defendant but is acting for him
self alone, and i'll his own individual interest
and to secure his exorbitant and excessive de-
mands for interest and otherwise against this
defendant. Wherefore this defendant having
fully answered, prays this Honorable Court:
First-That the Injunction heretofore issued
herein be dissolved.
Seccnd-That plaintiffs action be dismissed,
and that this defendant have Judgment for his
costs and disbursements.
Third-ror general relief in the premises