Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1895-02-09
THE DISTRICT COURT.
Judge RtrrIlrS Decision IN Tho Case
Of BIIsrbtck rs. Hidglsy ct al
FoUE DIVORCES on ONE STRING.
IN Each Cess the Wife Pclitiouod.-Thc
Wriiof Prohibition Against
Judge McNally, Elc.

Chief Ju5lics Merritt this moraing
sot the bail rolling ia his branch Of the
Third district court by delivering ms
deferred opinion Ia tlo important suit
Of %. M. ElurDuck VI. J. q. M.dgluy
ct NE, o. iollowi
THIS action was brought by the
plsiutn against thu dcfoulants, MidE-
Icy anu oInuu. 10 obtain decree de.
Glazing that the pretended saie Of 200
shares VI the capital Stock OF thr Utal
Plumbing supply company boy tha de-
ieuuauiH 10 john AZ. NiauuI Sc, ifaul.
ulCut aud vUid, aud askiue iof ola iu-
Junction ouloiuing sald Wiugcr tom
ceiling, assigning, W ln any manner
lrauHicrlng enid stock ami ruIliuiue
u,u aud Au utIur prrrOus 0U voting
suil stock &c Soy mtciluk % ,lo st0ca-
holders II ts.d company, auu rrJJW.
INK the defendants, Mluylcy, Farrell,
Austin and GfCuu, while assuming o.
Hut o. directors # said CORPORATION,
tiom Holliug any new stock OF the COR
plfntiou, or Issuing ccftiiic TO there.
iJb anu from Interfering with plain.
iu IN the performance Oi any Of his
dulles o. manager a said corporation,
anu enloining srid AiiuglUy from nct.
inB or attempting 10 act a. such maut-
gof' n conspiracy Euu various acts o.
ifaud fetulting tuortifOm arc alleged
Ia tie complaint. The testimony was
quito vOi1muiJus aud .n some matter
conflicting. After a careful cunsldera.
lion " tho tCstimOny aud u re-
view Of the authorities l am clearly o.
tie opinion that thu n tended
snl0 OF H,Uck was not made
ia good faith nor Ina tho Interest az the
corporation, but Tor the purpose OF CIV.
ing tue defendant Miugley ami hia
irIuuiH control OF the company Ia
violation OF the rights Of plaintiff, who
held "a majority Of the stock OF the cor
pliatiOn.
10 Il unnecesrury 10 ouumutale the
many facts aud circumstances which
ruuscr this conclusion iTteslstiblp 10
tho mind If tho court. The entire
ttausa1tlOn Do taiuted with fraud and
thu pretended sale OF stock ~ Illegal aud
void.
The action Of defendants In atlemp'-
iug 10 remove James AZ a director of
the corporation aud put another pa his
place. aud Ia attempting 20 remove the
plaintiff from the position Of manager
curing their absence from meeting OF
which they had no notice, and all
tuslnuas transacted at said meeting OF
January Oh, 1896, were illegal emu
vuid lu contemplation o. .3W a. .rr
was no meeting or acglon OF the board
of dlicctorH u said corporation.
The plaintiff 10 clearly entitled 20 the
Injunction prayed Tor nhd TO have the
pretended sale Of ,tjok 10 Wlnuur de-
clnted Illegal ana void, anu the certid.
cate therefor cancelled.
FOUR DIVORCES GRANTED.
Margaret Gregory Va samuel Gu-
CORY was the fht Of four divorce
suitb taken W, The ground being deer.
ton. The parties inttrmatrlrd some
niue years ago nt Pueblo, Col, ana
subsequently, came 10 this oily. On
MNCu 10, 1894, O. defendant deserted
his Wifu without Offering nny
TUaaou ana has not alncs been hoard of,
The plaintiff testified merely 10 these
iaC,B when on the witnuls.sianJ, but
a. thcge was no witness present 10
c1rrOb1rato her plntumeut the case was
ordered to stand over temporarily.
Later the necessary Combination came |
aud plaintiff got her decree.
Morris sommet was tue PLAINTIFF |
attorney.
Ada Evans " Samuel n. Evans. In
this case also the ground was deseTlioD.
Cochran aud Murphy appeared for
tho plaintiff.
Tue marriage took place vt Mont.
Uelier, Idaho, on July 20, 1893, and ia
August OF the following year defendant
LETT his vile without, II was alleged.
cause or excuse.
The de rec was granted, and $40
per month nllmony allowed tot the
support Of the infant child.
Agnes Watt VI Root. ]. Watt. Tbla
divorce WAS granted ON tle gruunda OF |
dtaurtion anu failure 10 support. The
marriage occurred In this city Ia
Februsfy, 1899, AMI in October OF the
following year defendant lett his wife.
Plaiutin WAS now awarded the CUSTODY |
OF the iufa t.
ID. n. straup was the PLAINTIFF ut. |
torney.
Bessie V. Tyler Va J. W. Tyler. De. |
ser'ion was the ground alleged here, |
The marriage took plsco at suoho. |
mish, state OF Washington, on Noyem. |
bur IS, 1853, aud IN January, 1890, tho |
parties removed 10 Salt Lake. About |
Il month later the defendant, who IA n
railroad engineer, left bis wife Without |
offering any excuse.
Bessie V. Simmons was the plain.
iii'a maiucn name, and this she viii |
now assume.
GENERAL ORDERS.