The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1896-06-30

The petition for the appointment Of
a receiver and the displacement of the
assignee in the case of the defunct
Bank of Salt Lake was called up III
Judge Streets court at 10 O'Clock yes
terday morning, but neither side was
anxious TO proceed right away and it
being intimated that there was
probability of Mr.. Bacon consentlng
the appointment of a receiver and in
order to give the parties an oppor-
tunity to confer with view of arriving
at an understanding, the hearing was
postponed until 2 O'Clock. There was
quite a large attendance in the court
room and a great deal of interest was
manifested in the outcome.
Later in the day it was learned that
petitions asking that the assignee be
allowed to remain and that a receiver
be not appointed were being circulated
among the creditors of the bank. Some
signed this petition and a great many
others refused.
POSTPONED AGAIN.
At . o'clock Attorney A. c. Ellis on
behalf of Mr.. Bacon said his client
had not had time to file his answer
10 the petition and complaints in IN
PREVENTION. His desire was that the
affairs OF the bank be administered in
such a way that the creditors should
get the fullest possible benefit from
the assets. The only portions of the
petition and complaints in interview
ton which he cared to deny were the
allegations of fraud and collision and
he desired in order that the hearing
might proceed that it be considered
that his answer denying these charges
had been filed.
Mr.. Varian objected to making any
admissions and asked that the hearing
proceed.
Mr.. Ellis intimated that his client
would not object to the appointment
of a receiver as it was imma terial to
him whether the estate was wound
UP by an assignee or a receiver, pro-
vided' he was a good and competent
man who would make the most of the
assets.
Mr.. Varian asked if the defense was
willing for temporary receiver to be
appointed.
Judge Judd. who represented the as
signee, Mr. Ross, and several creditors,
objected with the remark that the APP
pointment of a receiver was the point
they had come to try.
There was considerable talk of an
irrelevant nature, and finally it was
agreed that the hearing go over until
o'clock today.
The Indications however, are that
the hearing will be but short and that
the appointment of a receiver will be
consented to- although Colonel Ellis
said the assignment was good and reg
ular in every way and would stand if
tested.
WANT TO OPEN THE SAFE.
Mr. Varian called the courts atten-
ton to the fact that although the
sheriff was in charge of the premises,
he had not access to the safe. Mr..
Varian said he had filed a petition
asking that the sheriff be given the
keys of the vaults and allowed to
take charge Of their contents.
Judge Henderson, of counsel for the
assignee, objected to any change being
made in this regard until after the
question of the receivership was set
tied, and Judge Street ordered that it
go over also until 2 o'clock today.
ANOTHER ATTACHMENT SUIT.
A. II. Boxrud filed an attachment
suit against the Bank of Salt Lake.
The amount claimed is SO, 4T9.51, alleged
TO have been deposited in 7he bank by
the plaintiff and seven others who
have assigned their claims TO the plain