Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1894-04-03
DEVIDE HOLDS OUT.
H3 Is Cited 10 S.Oa Cause Cd IN
Order Tor Contempt.
THURSDAY SCI FOR HEARING
\ Peculiar case In Which County
Recorder Lippmau Is The
Defendant.

The trouble between l'lto Chief Dc.
Tiue ard ripemau Nl0ntagu. u not. il
would seem, yet atan nnd. Ga Thum.
Jay " la'. week Judge Merritt Issued
Arefemrtofy writ OF mauiAir direct.
Ing Tie fire cuief To restore Mon,agus
bi1e ptsi'ieu from which no had
uncef,mou.guily 0ustuI hlu, ami tile
writ wns s'ryOi in due oourse D,
7hefh MtQueon. This morning.
however, Juigo Powers came into
court teaiiug, among other papers in
the case, nn affidavit maic anu signed
hy tho petitioner. Counsel waited
patiently fDf some time with the In.
tcnIi1n gfaddfosaing his Honor upon
The matter but as Judge Merritt was
Otherwise occupici, he privately pres.
enlcd the Gaze 90 him Ia a few words
aud obtained the order which he
sought.
la bic affidavit Montague sols forth
lai ait"f tuu service pf tne Wit uppn
pbvinc hc npi lied ~ the latter at head.
quarters tl Doc restored O. hia position
NJ.
lhCfcup0n DeviuU answered ia sub.
Stance; "ius, fucocna, this writ: 1
te'lufr you aud now I susrrnd You, -
10 thuu refused 90 allow him 10 further
r.riorm bic duties DopUnunt further
unYa that Drvlur made no charge
nEiiust him aud served no order upon
him, and hence usks that tho chief bs
required iDfhoW cause, 10 he can, why
hurhouli not be- punished Tor c0ntemn.
1f loutt.
Judge Merritt granted the order to
SHOW cause, as prayed, aud made tho
same reiurnaOlc next Thursday, at ~
n.m.
BOWMAN va TuE CITY.
Ia The case Of John n. Bowman Va
Sait Lake CITY, thu uomurrcrs to com.
plant were afgucd, and then taken
under aiviaumcnt by Judge Murritt.
sISuuLAR DAMAGE SUR
A peculiar case Is that oi Harden
Beunion " Joseph Lippman, county
recorder, argued on demurrer ~ com.
plaiut this morning before Judge
battch. Tho plaiu,in wha represented
by Attorney f.L.M Williams, with whom
/ was associated Attorney Humpslead;
llige Powers appeared Tor the do.
/ iunuaul.
The Security Aba,raot CO., Of this
| city, ana other abstract companies,
| Cor n valuable consideration" hired
/ the privilege from the duisndant, ~
| county recorder, Oi sending CLERK
| 10 HE Oillcn 20 abstract all iu-
stTumeuts dlod therein. Plain.
/ un m September, 1898, was IN the
| employ Of the fut named company
at a salary Of $40 per month; nut no
alleges IN his complaint mat Mr..
I Lippman refused g. allow him per
BOnaily 10 make such abstracts, and
"wrougiuliy and maliciously" threat.
ened the Security Abstract company
/ that hU would deny them the privilege
/ granted u they employed Btnni0n to
| DO the work, H1 was wiling, how.
over, that any other pofsDn i.miyht
go there. lu consequence OF this
/ the PLAINTIFF emp 1yUfs IOuud Il uecus.
] Hafy 10 discharge him, having nothing
cleo for him tnvu ~ DO. Benz
ni0n says that he was thus
! thrown Out u au engagement for w.
wards ui three months and ut length
I und o. ncrop. n situation n great uis-
! lance from home NJ n reduced salary.
lie now SUES Mr.. Lippman ~ toto ~
recover 81 900 damages, aitributing his
disulhsui Uy the Austmgt oJmpAuy ~
thu driynupups conduct.
The general demurrer inierposei set
forth two oausui-iirst, that tue com.
plant does not state iaCts sufficient 10
constitute cause Uf action, aud,
second, that plAlnlh was not pauy
10 the contract entered into between
the county recorder aud the abstract
companies,
rho court took the arguments under
udyiBomeut.