davidaulloa/AmericanStories huggingface dataset:
The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1898-01-23
SUMMONS.

IN THE JUSTICES COURT FOR THE
city of Salt Lake, state of Utah. State of
Utah. county of Salt lake, SIS. Before J..
B.. Timmony, city justice of the peace
George NJ. Scott & Co.. a corporation.
plaintiff. VS.. James Moffat and Charles l..
Stevenson. defendants. m The
state of Utah, TO the said defendants: You
are hereby summoned to appear before
the above entitled court, at rooms 307 and
SOS. Auerbach building. Salt Lake City.
Salt Lake county, state OF Utah. within
ten days after the service of this sum-
mons upon you. if ssrved within the coun-
Nv in which this action is brought; other
wise. within twenty days after service.
and defend the above entitled action: and,
in case of your failure to do so. judgment
will be rendered against you according to
the demand Of the complaint. which with
in five days after service of this
upon you. will be fled in said Justices
court.
Bennett Hardness. Howat. Bradley &
Richards. Attorneys for Plaintiff.
p. O. address 163 S. Main street. Salt
Lake City. Utah.
Salt Lake City. Utah, January 5th. 1898.
The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1898-01-23
WATER COMPANY DEFEATED
NO BOND IN LIEU OF THE RE.
OWNERSHIP.
Judge Rolapp Reiterates His Opinion
That the Waterworks Still Belong
to the City.

The motion Of the defendants in the
case against the waterworks company
t be permitted to file a bond in lieu
OF the appointment Of a receiver was
decided adversely TO the company
yesterday by Judge Rolapp. who ad-
heres TO the ground first taken by
him, that the waterworks system title
has never passed from h city The
court rendered a lengthy opinion and
cites numerous authorities, and in
conclusion says:
From these statements it is ap-
parent that substantially the same
rules of law apply in o kin of
cases, and the acceptance of q bond
would be authorized, when the defend
ant is just as likely. or more likely, to
succeed than the plaintiff; and when
greater damage would result to the
defendant by keeping the receiver in
Office, than By his discharge, without
giving any material or corresponding
benefit to the plaintiff.
Conversely, the acceptance of a
bond would not be authorized, where
the plaintiffs right to the appointment
of d receiver was manifest, and where
comparative little damage would be
done plaintiff by his discharge.
In this case 1 have already stated
nat IL III RfAAAlAgAA III AAkAN[-AE va
which the receiver has possession is
of right now, and always has been,
the property of the plaintiff; subject,
doubtless, to some equity Ior better
ments: that the accounts now due and
hereafter to become due are subject to
be materially impaired: that the bust
ness of the defendant viii not be ar
rested, much less ruired.
Nor can it he claimed thai in this
case the plaintiffs rights, absolute
and contingent. could be protected by
the bond in question, or by any bond
Hence. the authorities unite that under
such circumstances the power to ac-
cept the bon does not exist. 1t is no
answer 10 say that Notwithstanding the
illegality of an order to the contrary
effect, the sureties would be estopped
from denying its legality. Courts do
not arbitrarily DO an unauthorized
act, simply pon the theory that the
act cannot be legally questioned. EX-
traordinary substitutes like the pres
ent are only used when justice viii be
promoted: but in this caSe justice re-
quiTeS that if the real owner cannot
operate its property. and hat damage
has resulted OF would result therefrOm,
that then the court should allow an
other party to operate il, to let an
officer of the court take possession of
the same, and hold it for the finally
successful 9artv.
7 think. therefore, in his case that
the motion to permit defendants to
give a bond in lieu of the receiver
heretofore appointed should be denied"
Oregon Short Line Railway company
VS.. Ogden Union Depot company. ct
al; on motion of defendants it was
ordered that the Central Pacific Rail
road company, the Union Pacific Rail
road company and the Union Pacific
Railway company were made parties
defendants.
The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1898-01-23
What the Records Show,

The fight among the council members
over the appointment of a captain of
police has taken somewhat of a per-
sonal turn, and it is charged against
some OF the candidates hat they pay
no taxes. A gentleman who made an
examinations of the records yesterday,
brought to the notice of The Herald
thai the council was not so particular
last Wednesday night. The records
are said to show that our of the aD-
pointees paid nothing into the county
treasury last year, and hat the eve
men appointed paid in the aggregate
S17.23. The highest sum paid by any
one of the a%ppointees is $6.91.
All OF which goes to show that some
very good men often pay little or no
taxes.
The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1898-01-23
Notice of Trustees Sale of Clothing
at Wholesale

PUBLIC NOTICE is HEREBY GIVEN
by the undersigned, 10 all whom it may
concern. that he will sell the entire stock
of clothing, hats. caps and furnishing
goods now contained in the store of the
Contain Clothing Co. in bulk, to the
highest satisfactory bidder. on Thursday,
January 18th. 1898. at y o'clock. noon. The
retail sale now running will be closed
Saturday evening January 22nd. n
thereafter the stock viii be open to. the
inspection of bidders during the hours of
10 a m. to . p. m. of each day. Sealed
bids will be received. to be opened upon
the day of the sale. All bid must be ac-
comDanied by cash or a certified check
to the amount of ten per cent of the bid
said sum tOnbe returned to the bidder if
his bid is not accepted. The undersigned
reserves the sright to reject any and all
bid if unsatisfactory to those Interested
in the mortgages under which the stock is
held. "a
Separate bids for the store furniture and
fixtures, including shelving. show cases.
counters. safe. desks. mirrors and all
other fixtures. will also be received under
Xix conditions as above stated respecting
the stock.
EMORY LOVEJOY, Trustee.
Dated Salt Lake City. Utah, January p,
1898.
The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1898-01-23

IN THE THIRD JUDICIAL DISTRICT
court OF the state Of Utah, in and for the
county OF Salt Lake. In the matter OF
the estate of Thomas F. Durkin, deceased
Notice--The report OF Angus Mcclellan.
un1or administrator of the estate of
Thomas F.. Durkin. deceased. of his acts
and doings. under and IN pursuance of an
order heretofore and on Dec. Is. 1897. duly
made and entered in the matter of the
said estate. authorizing and directing
him as such administrator. to sell the en-
tire real and personal property belong
ing TO the said decedent, and praying that
the several sales as therein reported
be confirmed. has been set for hearing
Wednesday, Feb ,, 1888. at $3.50 o'clock
a. m AT the court house in salt Lake
City. Salt Lake county. Utah. Said sales
as appears by said report are as follows.
The saloon fixtures of said decedent at
No. 1874 West Second South street. salt
Lake City. Utah. sold TO the California
Wine company for $4,000: one thousand
shares of the Gold Star Mining company,
a corporation Of Utah. to Patrick Ryan
for 5000; one lot miscellaneous liquors
and cigars TO Al H. Ensign for 5000; the
real estate. improvements and saloon
fixtures situate in Pleasant Valley June
ton, Utah. sold to p. Flood for S32400.
And it is further ordered that notice of
such hearing be published in the Salt
Lake Daily Herald for ten consecutive
days, prior to said Feb. 2. 1898.
D c. DUNBAR. Clerk
Dated Jan. IS, 1895.
Frederick T.. McGurrin, Edward Nc
Gurrin, Attorneys
The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1898-01-23
SHEPIEE,S SALE

IN THE DISTRICT COURT. THIRD
judicial district, county of Salt Lake,
state of Utah. Frank Thompson, exc
cutor OF the last will and testament of
James Thompson. deceased, and Joe r.
Lane. administrator, with the will an
nexed, of the estate of said James Thomp-
SON.. deceased. plaintiffs, VS.. John j. Sny-
der: Laura D: Snyder. N. j. chees-
PENDANTS. To be sold at sheriff's sale.
on Thursday. the 10th day of Feb
ruary, A. d. 1898. at u o'clock,
noon, of said day, at the west front door
Salt Lake, county OF Salt Lake, state of
Utah. the following described property,
to-wit: Lots seven %, eight (S), nine 90.
ten 90, eleven Cd, twelve G2), thirteen
90. fourteen 90 and fifteen Q5). in block
two (2). and lots six 90, seven Cd. eight
block three 90, in Lynch q Glassman's
subdivision of block eighty-two $50, plat
c. Salt Lake City survey, situate in
the county of Salt Lake, state of Utah.
(22), in block three 80. and lots eight (9.
nine 80 and ten Q0). in block one %. in
Lynch q GlaSsman'S subdivision of block
ei-hty-twO $50. plat C" Salt Lake City
survey, situated in the COUNTY of Salt
Lake. state of Utah Also lots twenty
600. twenty-one CID, twenty-five (225.
twenty-three OBJ and ~tWenty-fOur (2D. in
block two %. in Lynch & Glassman's
subdivision of block eighty-two $50, plat
&C" Salt Lake City survey. situated in
Purchase price payable in lawful money
of the United States.
THOMAS p. LEWIS.
Sheriff of Salt Lake County. Utah.
By BOMAN CANNON, Deputy Sheriff.
Bennett. Hardness. Howat & Bradley,
Attorneys for Plaintiff.
Dated at Salt Lake City, Utah, this 18th
day of JAM 1898.
The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1898-01-23
ALIAS SuMMoMs-

IN THE DISTRICT COURT OF THE
Third judicial district Of the state of
Utah. county of Salt Lake. Aaron Keyser.
plaintiff vs.. John ]. Snyder. L. I. Num-,
and National Bank of Republic. a cor
poration. Observation-Disclosures summons
The state of Utah 10 said defendant: You
are hereby summoned to appear within
mons upon you. if served within the
county in which this action IS brought.
otherwise. within thirty lays after serv-
ice. and defend the above entitled action;
and in case of your failure so 10 do. iudg-
ment will be rendeTed against o accord
ing to the demand of the complaint, of
which a copy is herewith served upon
WILLIAMS. VAN COLT & SUTHER-
LAND. Plaintiffs Attorneys.
p. o. address. Hooper block, No. % E.
LIST So. street. Salt Lake City, Utah.
The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1898-01-23
sHERIFF,s SALE.

SHERIFFrS SALEM THE DIS
tr.ct court of Salt Lake county. state OF
Utah Frank Thompson. as executor Of
the last will and testament of James
Thompson. deceased. and Joe r. Lane. as
administrator. with will annexed. of said
estate of James Thompson. deceased,
plaintiffs. vs.. Wiffred A c. Visick and
Annie NJ. 3. Visick. his wife, defendants.
To be sold at sheriff's sale, on the 18th
day OF February. y. d. 1898, at y o'clock
m, at the west front door of the county
court house. in the city of Salt Lake.
county of Salt Lake. state Of Utah. the
real estate described as follows. to-wit:
situated in Salt Lake county, Utah. and
being all the right, title and equity of
Mifred A . Nisick and Annie NJ. b.
Nisick. his wife. defendants, of. in and
to lot eighteen dS). in block two C). of
Archer * Kullak's subdivision of block
~forty-hve 90. plat C" Salt Lake City
survey Purchase price payable in law
ful money of the United States.
Bennett, Hardness. HOwat & Bradley,
attorneys for plaintiffs.
THOMAS p. LEWIS.
Sheriff of Salt Lake County, Utah.
By John Montgomery. Jr.. Deputy Sheriff.
dated at Salt Lake City, this 18th day
OF January, n. D.. 1895.
The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1898-01-23
Mcponald Estate Accounts.

Last evening a hearing was had be-
fore Judge Rolapp on the approval of
the final cou of John c. Child, adj
ministrator of the Mcdonald estate. A
number of the heirs objected to the
approval, on the ground that the estate
had been mismanaged. His honor ruled
that the losses were due to the general
depreciation of property held by the
estate as security for loans, and APP
proved the account, but required the
administrator to pay certain expenses
on redeeming some of the m~ortgaged
property from tax sales.
The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1898-01-23
SHERIFF,S SALE.

IN THE DISTRICT COURT. THIRD
judicial district. county of Salt Lake.
state of Utah. The 1. II. Dewey Furni-
ture company. a corporation. the West
End Furniture mpan a corporation,
the Webster Manufacturing company. q
corporation. the Hawks Furniture compa-
ny. a corporation. and Marshall, Field 4
Company, a co-partnership. plaintiffs, vs..
s.. Z. Neve and E. n. Child. co-Dartners.
doing business under the firm name and
stvle of e & Child. ard Emma D. a.
al sheriff's sale. on the ninth day of Feb
ruary, A. d. 1898. at u o'clock NJ. of said
day, at the west front door CT the county
court house. in the city of Salt Lake.
county of Salt Lake, state of Utah, al the
right. title. claim and interest CT the de-
PENDANTS, S. P Neve and E-nma L.. A.
Bertelson Neve, of. in ard 20 tie real es-
tate described as follows. t)-wit: situated
in Salt Lake county. state of U1ah: Com
mencing at the northwest sOrl.r of let
nine 90, in block twenty-nme ~, Ten
Acre plat "A" Big Field survey. ,rnnirg
thence east twenty 900 rods. tn nee south
ten 90 rods, hem west twenty TN rcds.
thence north ten 90 rods. to the place CT
beginning. The said property standing on
the records of Salt Lake county. Utah,
in the name of An ~ Jensen.
Purchase price payable in lawful money
OF the United States.
THOMAS P. LEWIS,
Sheriff of Salt Lake County, Utah
BY JOHN MONTGOMERY. JR..
Deputy Sheriff Salt Lake County, Utah.
Shepard & Sanford ana Moyle. Zane <
Costigan. Attorneys for PLAINTIFFS.
Dated at Salt Lake City. Utah, this 18th
day of January, a. d. 1893.
The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1898-01-23

IN THE THIRD JUDICIAL DISTRICT
court of the state of Utah. in and for Salt
Lake county. Estate of Charles Brown,
Arthur T.. Brown, Agnes l. Brown, Earn
est +. Brown and Edith J. Brown. minors.
The petition of Man Z. Smith, guardian OF
Charles Brown. Arthur Z. Brown. Agnes
l.. Brown. Earnest T. Brown and Edith
J. Brown for sale of the real
estate described as follows: Commencing
at the northeast corner of lot six 20. IN
block twelve Q2l, plat b" Salt Lake
City survey. and running thence west
four "a rods, thence south ten 90 rods.
thence east four "a rods, thence north
ten OO rods to the place of beginning;
also, commencing at the northwest cor
ner of said lot six Co, running thence
east three 90 rods, thence south ten QO)
rods, thence west three % rods. thence
north ten QO rods to the place of be-
ginning, also, commencing at a point six
90 rods from the northwest corner of said
lot six 90. and running thence east four
CD rods, thence south ten Q0) rods, thence
west four "a rods. thence north ten Q0)
rods to the place of beginning. all in Salt
Lake City. Utah, has been set for hearing
at $50 o'clock a. m. on Wednesday. Feb.
2. 1888. at the court house in Salt Lake
City. Utah., before the Hon. Ogden Hiles.
judge of the Third Judicial district court
of the state of Utah, in and for the county
of Salt Lake
D. C. DUNBAR, Clerk.
Frederick T. McGurrins Edward Nc
Gurrin. Attorneys.
The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1898-01-23
ON TRIAL.
Case of DR.. Hartford Will Be Holly
Contested.

The case Of DR.. William Hartford,
charged with practicing medicine with
out q license, is to come up Tuesday
morning. before Justice Ternes. A
lively time is expected. as there is said
to be more in the case than simply the
alleged breach OF law by this one os-
,t~eopathist. The regular practitioners
are said 10 be determined on having the
legal points involved in such cases set
tied by this test case.
DR.. Hartford, as an osteopathist.
. claims as a fundamental theory that
ailments exist because of d~islocations of
nerves or muscles. caused primarily by
dislocation of bones. These d~islocations
may be so slight that the patient may
not know what hurts him. but the
skilled osteopathist knows that if a GER
tain rib is a fraction or two of a de-
gree out of plumb, such condition may
irritate a nerve of the eye, face, lung
OF some other part of the patients anat-
. omy- The skilled 0steOpathist claims to
restore the bona to its normal condition
by proper manipulation, and so restore
i1he patient TO health. This he does
without medicine or drugs Of any kind,
The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1898-01-23
Odd Fellows Abroad.

Next Saturday night Canton Ogden
No. ?. P. NJ. I. o. o. F., will go to Salt
Lake and assist in comforting the grand
decoration o. Chivalry on Major l.. L.
Baumgarten, a ceremony which is to
occur in the Odd Fellows temple. 1t
will be a great event in Odd Fellowship,
and special rates will be secured over
the railroads. The ceremony will lbe
public.
The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1898-01-23
sToCKHoLDERs, MEETINc

THE ANNUAL MEETING OF THE
stockholders of. Heber ]. Grant & co.
will be held at the oompany's Office. No.
20 Main street. Salt Lake City. Utah, on
Tuesday, Feb. ]. 1895, at ) o'clock p. m.
The purposes for which said meeting is
called. are TO elect directors for the en-
suing year and to transact any such
otker business us may lawfully come be-
fore said meeting.
HORACE G. WHITNEY. Secretary.
Salt Lake City, Jan. 10, 1855.
The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1898-01-23
TRICT COURT. PRoRATE

N THE DISTRICT COURT. PROBATE
division. in and for Salt Lake county.
state of Utah In the matter of the es-
tate and guardianship OF Joseph p. Cutler.
Everett w. Cutler. Vaughn a. Cutler.
Adeline Cutler. Ray II. Cutler and Minnie
Cutler. minors. NOtice=The petition for
approval and settlement of guardians
annual account of the estate of said
minors. has been set for hearing on Satur-
day. the 5th day OF February. A d. 1898.
at $3.50 O'Clock a. M. at the county court
house. in the court room OF said court. in
Salt Lake City. Salt Lake county. Utah.
Witness the clerk of said court
(Seal.) with the seal thereof affixed this
end day of February. A. d. 1898.
DAVID c. DUNBAR, Clerk.
BY GEORGE E BLAIR. Deputy Clerk.
Movie, Zane & C~ostigan. Attorneys for
Guardian.
The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1898-01-23
NOTICE of Annual Meeting

NOTICE OF ANNUAL MEETING
The annual meeting of the stockholders
OF the Meteor Mining company for election
OF directors and for transaction of such
c.her business as may lawfully come be-
fore ii, will be held at the general office
o. the company. room 34 Dooly building.
Sir, Lake City. on Feb. T.. 1898. at 5
O clock D. m. E.. A GREENWOOD.
Dated Salt Lake City, Jan. 5, 1S9S.
The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1898-01-23

IN THE DISTRICT COURT. PROBATE
division. in and for Salt Lake county.
state of Utah In the matter of the es-
tate of Caroline T. Frost. deceased. The
petition of Edwin Frost. administratOr
of the estate of Caroline T. Frost. de-
ceased, praying for the settlement Of
final account of said administrator n
for the distribution of the residue of said
estate to the persons entitled. has been
set for hearing on Saturday. the 18th day
of January. A. D. 1898. at $3.50 O'Clock a. m.
at the county court house. in the court
room of said court. in Salt Lake City,
Salt lake county, Utah.
Witness. the clerk of said court,
(Seal) with the seal thereof affixed. this
18th day of January. A. d. 1898.
DAVID c. DUNBAR. Clerk.
By GEORGE z. BLAIR. Deputy Clerk.
Bennett, Hardness, Howat, Bradley &
Richards. attorneys.
The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1898-01-23
SUGAR FACTORY SITE.
Choice Lies Between Wilson's Lane
and Broom's Bench.

and Broom's Bench.
Messrs. Austin. Granger and Evans
of the Lehi sugar factory addressed d
gathering of farmers at the court
house yesterday morning on the subject
Of sugar beet culture, explaining the
best methods and the profits probable
and possible for the industry.
The negotiations for a site have not
yet resulted in a choice, 50 it now
seems to be between Wilson's lane and
Broom's bench, provided suitable con-
cessions can be secured from property
holders. The best offer will probably
get the building, however 1t is whis-
pered hat unless favorable offers of
land are made within a day or two,
the factory will be located at some
other place, even if more expensive
machinery should be required.
The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1898-01-23
General Kimbalrs Funeral.

The funeral of General Nathan KIM
ball will be held at the Presbyterian
church, Twenty-fourth street and
Adams avenue, on Tuesday next at 2
p. m. Friends wishing to view the re-
mains may do so at the residence, 2246
Madison avenue between 10 a. m and
1 p. m. of that day. Interment will be
at the Mountain View cemetery.
The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1898-01-23
Notice to Denver delegates.

The Denver & Rio Grande railroad
have rendered to the delegates going
TO Denver the use of their office at
1O9 West Second South St. (Dooly
blOck), where all delegates are re-
quested to meet. The chairman of the
Utah Live Stock association will be
at this office throughout the day.
3. F. NEVINS, Genl. Agent.
The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1898-01-23

lodge may properly bestow Upon him
all the work. The expense of getting
Brother Frost to come here is consider
able, but there is nothing too good for
Our Lodge" 5ag.
At the conclusion OF the ceremony an
elaborate banquet viii be served to all
visiting members at the celebrated
Blue Church cafe, the arrangements
for the same having been delegated to
Grand Steward Eaton Phillip.
The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1898-01-23
IN THE DISTRICT COURT. PROBATE

IN THE DISTRICT COURT, PROBATE
division, in n for Salt Lake county.
state of Utah In the matter of the es-
tate of Mary r. Frost. deceased. The
petition of edwin Frost, administrator
of the estate of Mary E. Frost. deceased,
praying for the settlement of final ac-
count of said administrator and for the
distribution of the residue of said es-
tate to the persons entitled. has been
set for hearing on Saturday. the 18th day
of January. A. D.. 1888, at $50 o'clock a. m,
at the county court house. in the court
room of said court. in Salt Lake City,
Salt Lake county. Utah.
Witness. the clerk of said court,
(Seal.) with the seal thereof affixed. this
18th day of January. A D: 1898.
DAVID C DUNBAR, Clerk.
BY GEORGE =. BLAIR. Deputy Clerk.
Bennett. Hardness, HOwat. Bradley &
Richards. attorneys.
The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1898-01-23
A DAMAGE SUIT.
Thomas Cunningham Wants $4,000
From the Oregon Short Line.

Thomas Cunningham yesterday filed
a suit for $4,000 damages against the
Oregon Short Line company for alleged
personal injuries. The plaintiff was a
passenger on the Cache valley train
which, on Dec. %, colIided with the
Southern Pacific switch engine at the
crossing in the Ogden yards. The COM
plant alleges negligence on the part
of the railroad for running at a too high
rate of speed, and says the plaintiff was
thrown from his seat by the force of
the collision, two of his ribs We're
broken, and injurinS him internally.
The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1898-01-23

and, consequently, they do not need a
license. But the opponents interpret
the Law so as to make anyone who.
cures. or endeavors to effect cures of
all maladies, and charges fees therefor,
should be REQUIRED to have q license.