Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1901-09-25
BANK AGAINST
AN ATTORNEY.
R. 3. Shepard and Wife Sued by
The Utah National,
NOTE PAID BY SERVICES
Defendants Contend That Their Obii-
gallon Has Been Discharged
Prominent Counsel.

The trial Of the case Of the Utah Ma
tional bank VS.. Richaru b. and Sarah
A, Shepard. which was commenced late
yesterday afternoon, was resumed be-
fore Judge Morse this morning. At
II o'clock the case was continued, the
court allowing the peadlngs to be
amended on both sides
The action was brought TO recover
on promissory note for S946.50, execut-
ed by the defendants In favor Of the
plaintin bank dated June %, 1898 Sa-
rah A. Shepard claims that she simply
signed the note as surety for her hus-
land, that the note was paid and salts
ned long before the institution of this
action, and asks that the note be can
celled as far as she is concerned, and
that she have judgment against the
plaintiff for costs. Mr.. Shepard, In a
separate answer from that of his wife,
says that the note has been fully salts
fed, and states that on January /. 1896,
the plaintiif bank employed him to pro-
secute an action In the Third district
court 10 recover $4,000 with interest
from David James and John a. Cir es-
beck, on a promissory note, dated Feb.
~, 1893, and that he recovered judg-
ment on January 20, 1896, against
James and Gr0esbeck for $4,000. He
also says that the court adjudged that
81 600 wlild be reasonable attorney
fee, lie says that afterwards, on Feb.
IL, 1898, the execution having been re-
turned wholly unsatished. he commence
ed proceedings supplemental to execu-
ton, ana plaintiff agreed 10 pay him
reasonable attorney fee therefor, and
that afterwards, on Feb IL, 1893, he
hled an affidavit in the Third district
court signed by President j. NJ. Stout.
OF the plaintiff bank, and asking that
the court require David James. John
A. Groesbeck, Anne ID. Groesbeck and
James Chapman to appear before Cles-
son b., Kinney, referee appointed by
the court. to hear testimony and give
evidence as to any property they might
have subject to execution. Defendant
Shepard considers that $3.50 a reasonable
fee for his services as attorney in the
supplemental proceedings, which were
had on March 2S and April s, 1898. and
he says that his fees In the last named
action which became due on May l,
1898, were wholly unpaid
Defendant Shepard therefore claims
that there Is due him from the bank
the sums OF $1,000 with interest at the
rate OF Il per cent from January 2s.
iSss, and $3.50 With interest at 5 per
cent from May /. 1898, less the amount
OF the note sued on In this action. This
Mr. Shepard claims leaves a balance
due him OF S5l5S0, with interest AT the
rate OF II per cent from January &c.
1900.
The plaintiff Is represented by BEN
nett Howat, Sutherland and Van Colt.
and defendants by Senator Rawlins.
). T. Armstrong and Harrison o. Shep.
ard.
Trial OF the Van Kuran embezzle-
ment case will commence at 10 o'clock
tomorrow morning In the criminal d.
vision OF the district court. and a large
crowd Of auditors is expected in the
court room Mr.. Van Kuran Is charg-
ed with having embezzled 1000 From
the Oregon Short Line company last
May, while acting in the capacity OF
local treasurer.
Trial OF the case Of Lizzie NJ. Mar
gets VS.. F. r. McGurnn & Co. in
which taking Of testimony was complet.
ed yesterday, was this morning contin-
ued by Judge Morse TIL s O'clock ON
Monday evening. Sept. Goth. when argu.
ihents VIII be heard. The action Is
brought 10 recover A2l damages on sc-
count Of defendants having sold a piece
OF property to plaintiff which she
claims was not the property which he
represented that he had sold her