Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1894-01-30
JUDGE MERRITT BUSY
A Stay Granted In the Irvine Suit,
After Argument.
THE DYER CONTROVERSY AGAIN VI


Chief Justice Merritt had quite
hard morning, and excellent progress
wns made with tue work on hand. The
principal motions called up wcro the
Irvine matter sui the demurrer In tho
Dyer estate suit.
a STAY GRANTED.
The divorce slit % W. Il. Irvine W
Ad,line ~. Irvine came before
Judge Merdt Dor the n,st tlmel
on motion by the flainua's
counsel for as,ay Of proceedings aud
a stay Of execution pending the hear.
Ing Of the motion for new trial. Ar.
gumen;a wore made by Judge P1wora
and Attorney W. II. Dickson on DO.
half Of ir. Irvine, and by Judge
Marshall and Attorney Jonn NJ. Zane
for Mfs. Irvine.
The stay was asked 10 apply to the
payment Of the $50. 600 permanent
Alimony allowed by Judge n ,ne. c1un.
sul fees $4,000, uuit money lsil,OJOl
and 1885 costs,
Counsel fof Mrs. Irvlno objected 10
the stay w iar ~ related 10 httorneyt'
fees and Huit money. They had
no objection, however, ~ TO
alimony. 10 was claimed by Judge
| Mafahall that the counsel fees aud suit
money were payable In any event, no
matter how tho case eventually 70.
suited, and that these were not appeal.
able.
Attorneys Dickson and Powers
maintained that these were part OF
the final ueoreo, nnd that they had n
| right 10 have that matter reviewed
ami passed upon. IL was insisted
that the amount Of counsel fees was
exotbiiani, and that tho tuit
money WIS Improperly taxed. II, said
/ counsel, the money were paid over
now, aud II should be held by the court
of fnal review that the amount was
exofbitant, there would be no way OF
ge,IIy !, back again, as Mrs. Irvine
did not hefbolf IOsscss anything. No
hardship, II was oontended. would be-
wrought by waiting few weeks.
His Honor, after some remarks, al
lowed the motion and granted tho stay
prayed for pending the hearing Of tho
motion for new trial. Tue boud was
liked at $4,000.
THE DYER CASE AGAIN.
The case OF Ella r. Dyer W. Henry
II. Hendrrs1n and Farley l..
Williams, executors Of the last
Will and testament Of Frank
Dyer, Deceased, came up on demurrer
~ complaint; argued by Attorney Ar.
thur Brown Tor the executors and
Attorney Ogden Hiles for the plain
un.
The demurrer was based on three
gfounds-First, that there was mis-.
jOlnier Of parties defendant, In that
tho defendants we're Joined Ia their
Individual and official capacity ~ ex-
ecutoU. Second, that several causes
Of action had been improperly united
In this: that the cause Of action
against the defendants Individually and
no executors had been Joined together
without any proper aveTmunt, showing
that they might bo properly 90 Joined;
third, that the complaint did not state
facts sufficient 10 constitute cause OF
nctioni fourth, that the complaint was
ambiguous, uuintelligible and unceF.
tain.
Tho action ia brought TO recover
from the executors name $4,000, with
legal interest from January -, 1898,
alleged TO be money due 10 plaintiff
aud received by them for her use aris-
ing out Of the funds Of her deceased
husbands estate.
Judge Merritt sustained the do.
muTTcT, i've days being allowed 10
amend the complaint.
MisCELLANEOUA
Cochran vs. &. L.. Buckle; dismissed
by plaintiff without prejudice.
The case OF NJ. S.lAsuhelm Va Geo.
&. hidder ct al was also dismissed.
John IL. Harrison vs. IL. III. Par
SOM dismissed by plaintiff without
prejudice.
John III. Harrison Va A. ]. Burt, OK
county sheriff; same order.
Consultation Mining Go. vs. James
Moray. In this case the plaintiff was
allowed III. MRgcn Let to lilo statement
on motion fora new trial.
William Anderson W. the Salt Lake
Building a Loan Association. SUB.
milted now on demurTers 10 complaint;
further authorities a. be- submitted.
a. q. BrlNen vs. VIM. GrJesbeck ct
al, Lotve was given plaintiff 10 amend
complaint.
Henry Dlnwo5dey Furniture Go. Va
Nat NJ. Brigham u. 3. MarshalJ ct al
ana the Saniberg Furniture %. OF al.
Motion OF plaintiff TOR tho appointment
Of a receiver argued by Attorney j. IL.
Moyle for the plaintiff anu Attorney
Barlow Ferguson for the defendant.
The motion was allowed aud James II.
Lee appointed receiver, the bond being