Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1898-10-19
PARSONS THE WINNER.
Decision IN The Sewer Mining compihy'i
Suit fayoring Plaintiff.
NUMBER OF OTHER CASES DECIDED.
judges niles. cherry aud Norreli An Hold
Court To-day ". Cahoon
Wants Divorce.

Want. Divorce.
Judge ffiics delivered an opinion to-
day IN the case OF Charles C.. Parsons
VI the sevler Mining 4 Milling CONF
pany finding f0r tha p.diuun
parsuns, who "a said 30 d. tho Denver
attorney o. Samuel Ncwh1ust, 4trd
the Sewer company as trustee, fIl
number 10 ftnCkholinrs, allcHsng that
he roprsssnitd iia.s5l shares ~ sos b..
lie further alleged that Doc had mover
been allowed ny ropesOrt'f.1n upon
the band " directors. due " ihe fact
that Lammerslll controlled most pt
the sN-k lie also alleged that Lone
merFdoff 81 che aid VI bic wife am
other directors. had voted himself big
salaries ara had operated The mill cn-
tiroiy In his oNn interest fie further
get out that Wniburg1 Lamancrsdgrf.
Tf9mas Troz3rl, a. T., Hyde and A..
y. Mckinney ara not h1'd Fuficicll
stock o. hHd the 0iiicla he'd by them
ind thar all their acts were therefore
void.
pars1ns asked that charles Lam.
merrdorf be compelled 90 r.vs an sc-
counting n the moneys received BY
HIN aH lIlry. $500. all ihat nn as-
GesamUn. ~ two CENTS a share isvIeI
March !, isss. be- ~ aside
the court nnda that ths ACT 0f the
board ~ directors voting Charles Lam.
mefduff a salary Tor 1901. o. void go
the ground ihai ths votes ~ L1mmert.
coff sd hr vito were nee. 1ary 10
carry the rina'ulI0n providing f1r
fraud IN law.
The same rule. th1 cour, nnia ap. /
Piles 70 ne meeting u March S. itl3. I
NJ which m assignment uf gH0 cents .
a share was levied.
The acts q the board Tor 1897 and
isps. the court holds. woro violated az
we regular stockholders meeting jun
Judge iiiles further finds from the
evidence that a. y, Hyde owned o.
VoQ shares o. the stock. James Long Jf.
1000, and r. y. Mckinney enough o.
quality him 10 act a. a director o. the
company
A. to whether t.ammorsdorf Ia en-.
tined % a salary Tor services az gen.
oral manager Tor 1897 and Tor January.
February. March, April and May of
is.s, Judge Hiies holds. q not a matter
&c be decided IN this action.
KLoPENsrfSE WINS
In the case o. Michael Kiop'ns,lno
VI 3, Hays, judge iiiiel today rtn-
dertd a decision In favor % the plain
Action In this case was brought 70
qulei title 70 the Jupiter lgde mining
claim, In the West Mountain mining
fsndant was that plaintln had not done
more than so worth u work on the
Slain frum the date OF H. location In
isNi fill 1855. Tho court, however. /
nnds from the testimony that Kioptn-
uilne did work on the Jupiter claim
before he bourh. an interest In u IN
Ass. and that the work was done for
he n .
leph Householder.
ALSO FAvoRs PLAINTIFF
Judge lilies also rendered decision
oiay In the case " James n bishop,
assignee. W Wnholmina ikallntrom 81
N. hnding for tho plaintiff, but ORDER
Inr that the defendants have nu nrs
according 20 the nycrmcnh
and prayer Of their answer.
Plaintiff. a. aaalgnte ~ the Peoples
Savings and Loan association. brought
suit hgaing; the defendants 70 fore
s ..sss a mor'gagg, fiyen by detendani
Wilhclmnu knllair1ui, aH Hiockh1licf
N the association, for the sum n g. 800
Defendant had thirty shares u stock ,
In the association. which was pledged
10 collateral security on the loan. She
vas 70 pay Ns per month, tie.b0 Of
which was for interest. tif.t0 pOr an
lin on aecoun, 81 precedence. and the ,
made thlriy-thrco mlpihly
,l,Tnrnta ana then defanlici. There
ifier the association failed and made
m assignment - the plairtifi prI1r
% this however. suit had been brought :
y the association 10 f1recllar the !
frriFnEe. and demurrer % the com. T,
ilaai having been auHtain1d and
,laintin NOT amending. ihe esse Wa
dismissed. The dismissal wa then !
pleaded a. res Judicata. Tho d0f.nd.
~. Josephine AiamH1n, anlxtrll
separately, alleging that abe had ac.
luifed tltle 20 the property IN question .
indrr a tax sale, rlaluiiu took mo ,
'orluon that the judgment OF Dismissal
o the former case IN not rvs iudlcath
because not un the norris and alas
laimtd that the tax sale % Adam IN Z
vas void by reason " many defects ln I,
he proceedings.
judg, lilloa finds that the judainen, G
Z the Third district court Of tho Atp .
'oiriiory VI Utah, which wan pleaded .
bar t. the suit. was not uo5n tho .
,r tho plaintiff. =
~ IL the taN title. which was 30. out y
y defendant. Josephine Adiinran, tha d
luft nnda that the evidence h mat
80 Than the whole uf rho land was ~,
To'l tor sale az tho tax sails
on the matters nut up hy the defend.
nus inllaif0m and Anderson. Ia which
hoy aNurred tho amount Of money Tor
'hleh they were entitled 20 credit az
sainHt plnintin'a claim. the court inds
contributes n rond defense pro tnnto.
I'd u upon an accounting those mat
~ aud Items prove Co be true. tho
PENDANTS should be credited with
heui' ana Tor this purpose Judge Hlirs
avs There should be AN accounting.
MOTION ~ ovERRuLEp.
Judge lilies today overrulod the mo.
lon of plnintin 20 yacate and set aside
u order In the ease VI \. W. Morrison
al W 3, T. Vance. The ease now
lands for a new trial \
In tho ease OF Nellie r. Smith W NJ. ,
ehwartE. demurrer to answer over
lled.
JUDGMENT ron DEFENDANT.
Judgment f1r the defendant was or.
cred entered 10y Judge Hlrs bIly !
ne caae u the salt lake Dramatic | Z
So Atom VI George Y. Wallace. r.
lAla was - suit ~ qust tllie o. an
llsy-Nly Just north " ,he SAT- LAX. =
hsAieE The CIH1 Naa tr.ud un the 3
h % last man,h. !
on cHuEL TREATMENT
ftsr nearly ThiriS Years OF Married life