The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1896-01-26

Michael L. Powers has filed his an
! swer and cross complaint in the suit
brought against him by Matthew Cul-
/ len to compel Powers to execute ana
| deliver to him a deed to certain min
| ing claims near American Fork.
The defendant denies all the mater
| ial allegations of the complaint and
says the property is worth 100000, in
stead of $4,000. It is denied that the
deed conveying the property to Cullen
was lost and that a new deed was
made out and that the defendant re-
fused to execute it.
! In the cross-complaint it is alleged
that the plaintiff and defendant in
! 1881 purchased a joint interest in the
Live Yankee, Mary Ellen and Live
Yankee Extensions claims near Ameri-
can Fork and that the defendant had
a quarter interest and the plaintiff
| three-quarter interest in the properties
and the legal title was taken in the
name of the plaintiff to the whole of
the property, Powers one-fOurth in
| terest to be held in trust for him by
Cullen
It is then alleged that in 1883 or 1894
Cullen sold the property for $4,000, of
which S17, 500 belonged to Powers, and
that of that sum he received only
81. $50, and that with interest there is
now due him S33, 800
1t is further alleged that Powers
! agreed to deed Cullen a three-quarter
interest in the property for ST., 500 and
the payment to him of a quarter of the
proceeds to be obtained from the sale
of the half interest, but not otherwise.
The defendant Drays for an account
ing and for judgment against Cullen
for S33 600. and that the interests of
plaintiff and defendant in the property
be adjudicated.
THREE DIVORCES GRANTED.
Judge LIE Grand Young yesterday
heard three divorce suits and granted
DEGREES in each.
Christina Larsen against Charles ].
Larsen was the first to come up. Mrs.
Larsen took the stand and testified to
the marriage and that the defendant
had deserted her and for more than
one year last past had failed to sup
port her Her evidence was corrobo-
rated by Mrs. Sophia Anderson and
the decree was granted and the plain
tiff awarded SO a month alimony and
the custody of their minor child.
Messrs. H. a. Smith and c. NJ. Mel
son were the plaintiffs attorneys and
the defendant failed to appear.
SCHMIDT VS.. SCHMIDT.
Anna Schmidt was awarded d.
vorce from Henry Schmidt by default,
Oh the grounds of desertion and fail
ure to support
Mrs. Schmidt testified that the mar
riage took place on March 8, 1890, and
that month afterwards her husband
heT~ I,,,
ing TO her support. Corroborative evil
dence was given by Mrs. Rose Stabb
and the plaintiff awarded the decree
and the custody of the minor child of
the marriage.
D. c. Eichnor was the attorney for
Mrs. Schmidt
THE WIFE DESERTS.
Charles Carlyle Merritt was granted
a decree of divorce from Belle Merritt
by default on the ground of desertfon,
Thomas Kane was the PLAINTIFFS at
torney.
HAYKEN EFT AL. TO PLEAD.
Martin Hayken, Herman Bambereer
Joseph R. Morris and John p Cahoo,
were ordered to appear on January %
10 plead to an Indictment charging
them with misdemeanor for conspir-
ing to defraud Salt Lake county in
the matter of the purchase of furni-
ture for the city and county building.
salt Lake City indicted for maintain
ing a nuisance in the matter of the
eaten basins was ordered to plead ON
February Is.
LUKE SAYS NOT GUILTY.
James A. Luke, a clerk in the en-
ploy of the Merchants Protective as
soclation' who was indicted for perjury,
was arraigned and entered a plea of
not guilty on both counts.
SHORT ORDERS.
Mary A. Andrews VS.. the Mercur
Gold Mining and Milling company. de-
murrer to complaint sustained and five
days to amend
f. O. Harrison VS.. Henry G. Rand
ct al; demurrer to complaint argued
and taken under Amusement.
Hyrum E. Haynes VS.. Salt Lake Citv.
hearing on demurrer to complaint til !
next Saturday
Lewis H. Farnsworth VS.. NJ. A. Hall |
ct al; twenty days additional time |
granted plaintiff to amend supplement |
tai complaint.
John B. Donaldson vs. Frank A.
Grant ct al; demurrer Sustained &c 70 |
defendant McCoard
Helen w. Renbhausen ct al VS.. Will |
lam R. Belcher; dismissed as to plain |
tiff Leonard Hilpert and leave grant |
ed to amend complaint
George c. Adams VS.. Great Salt Lake |
and Hot Springs Railway company. |
leave given to withdraw cross-com- !
plant without prejudice and leave /
given to file amended answer.
PETIT JURORS.
Sheriff Hardy has returned to the
ThIrd district court the Venire for /
thirty petit jurors as follows: II 7 |
Macintosh, F. J. Leonard. F. G. Pal /
mer, w. S. Thorne, Boman Cannon T
w. Sullivan, Oscar Youngberg. Henry /
Hopkins, J. L. Durgin, w. F. Hills. g. /
B. Margetts. c. K. Mccormick, ]. w. /
Greenman, Oscar Vandercook, T. p. |