Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1893-11-21
ZANE AND BARTCH.
slih Judges are DsalIug With Tho
Civil Business.
TIE DRIVER MERCANTILE CO..
A Suit Arising Dat " that FIRM,
Failure; Protesting Creditors Have
Hearing Today.

Both divisions Of the Third district
court were in operation again this morn
ing. Chief Justice zins once more TOOK
up eases on the equity calendar, while
Judge Barch (wno adjourned at ll.l5
tilI this aitcrnoou) proceeded with tue
further Trial Of civil Jury cases.
nEFoHE JUDGE zANE.
Francis FrItsoh ct al. W Mary r..
Dalton et al. Motion 10 col aside order
ui leave TO answcr Overruled aud order
confirmed.
j. Il. Fowler W wm. T.. Doyle. De.
fault VI dolonisnt entered. JUG.
mUut Tor plaintiff and uccfec Of saiU.
FORECLOSURE SUIT.
The case Of Il. J.. Mssou W Maggie
~. Thompson ana james Thompson,
her husband, and he Utah Slaughter.
ing company, n suit 90 i0tccl0so n mort
gage, was next called tor hearing Be-
JudgsZart'a court. The plaintiff alleged
that on December !, 1891, the duieui.
ants Thompson dBlivsltI o. MIN their
ptOmisa0fy note for f5Jl, with interest
al 10 pef cent 10 secure payment
they gave a mortgage Tor piece oi
land nitrun Hcfts IN extent situate ln
DAVIS county, together With all tsnt-
mtnu belonging thereto. The Utah
Strengthening company claimed 90
have TILE and interest in the
m0rtgngCd premises s8 purchasers, bat
tho plaintiff Insisted that this was
acquired prior 10 the making Of the
nUio aud mortgage and was subJf.
uinatc thereto. The oass was sub.
mittud without argument. His honor
found for the plliutn ON the flrsi lien,
aud that White a Son were entitled 10
the second lien on their deed
ALLtutD FRAUDULENT ASSIGNMENT.
The case OF Joseph Cohlrutz 1T aIva
the Driver Mercantile Go. aud W. II.
bennington, assignee, uoxt came 90.
Tue pliiutiiis are represented by judge
hOwgi, Attorneys 4. .. stephens, n.
D.. Booth aud w. r. Counter; aud the
assignee by Attorneys W. a.. Dickson |
nud 3. II. LuVis.
The pftHs nj fuit arises out Of tho
failure OF the DuvCr Mercantile com.
pany Of this city Ia the early part Of |
lmt tDiiuR, and " brOug by the /
unIfvicTfUd uIrdltlr4 OF the uuluurt |
ilfm OHut aside the Assignment. The /
amount involved ls some $1,000. About /
tho month OF MaTch Ina the present year
Tue Dnvur company, uf which L.. IL.
tlutn was manager made an
Assignment Of their belongings
u certain ortditorp, the pre-.
itrfed among whom includod
johnson, *. a. Pearson, AMI w. II.
Remington the asslRnre. rhu uu.
preferred creditors Immediately there.
upon attached tho property, claiming
thnt tie assignment was fraudulent.
Subsequently, upon their petition 10
tue lhirl district court, receiver
(Afthut n. Pnfslnsl WAS appointed on
hlinga bond VI fl6,UJJ 10 tHko charge
OF the properly until tue DISCRIMINATING
" this suit The plaintiffs insist that
tho preferred indebtedness was nothing
more than the private injeb,edneas Of
Mt. Ciutr, and not that Of thu Driver
Mercantile company, aud that that |
fact was known by Assignee Reming.
ton prior 10 tho arms assignment. 4,
seems likely that tho case may turn
largely ON that pJlut. A great deal Of
time up 10 tine noon adjournment yas
consumed Ia an attempt on the part of
tue plaintlia counsel 20 show that
Cluto ifaudulontly Appropriated tue /
iunun Of the company 10 His own ufe.
The defense claims that there wis no d
fraud NJ all upon the part Of the 1
company Mr.. tlutc, or anybody else,
and that even n there had been either
on the part Of the company OF Clute,
the assignee aud the buneficiarea moi
being c0gnizsnt Of the same the assign. d
ment would be- valid. %
The hearing promises to bg lengthy q
one. I
nEFORE JUDGE BARICn. u
Waiter Gillespie, about - year, OF d
age, OF I0Oelo city, was nffuivnrd on '
an indictment Tor fofnlCHtiOn, the N
young woman In the case being CLARA y
Nowles. Judge Heuderson, Tor tho u
defense, waived the reading Of the In. "
iiclmont and entered plea OF not
guilty, reserying Tho rlghf, however, -
10 Withdraw such plea within 3 certain y,
number OF days. The defendant was y
'saln released on a continuing bond "
II 5000. !"
FOR ADvERTIsIEu. ~
The case Of the Tribune Publishing
20, VI VIM. dt0osbeck et d., trading a.
Is Sfoesbeck a HoughtOn, Wa- next of
AIKEN up, Attorney Benucr y. Smith m
for tho plaintiff. The DC. nj
onuAnts were not legally represented, W,
houEh an answer had been nut Ia,
The action WIS brought to re- over ~
1928, and interest from June BON. a.,
5O2, acknowledgements ALLEGED 90 have ~,
con inserted IN the PLAINTIFF now. n
nper bo,woHu Drcemh.G, 1880, ana ~
une 3Oih, 1902. Tho PLAINTIFF ease ~,
ad been partly heard when, owing L. ~
he absence Of % wituust, 30 went over n,
" 2 p. M, when judgment was eater. H.
4 for tno plaintiffs. a.,
ruH PLAINTIFF. sOl
In the ease Of Abraham smith Va X. gu
. Appirgutc the defendant uli moi 80
lt IN an appearance and Judgment ca.
sa entered Tor the plaintiff Tor EIBl.gg,
was a suit IA, "A ,r,u.j.gnr,, 49,. pI,