The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1903-08-21
SPECIAL TERM ADJoURNs.
Docket Is Cleared of All Cases Pend
ing in Fifth District Court.

Panguitch, Aug. 1S.-Judge MarioneauX
of the Fifth judicial district court this
morning adjourned a special term of the
Sixth judicial district court in and for
Garfield county which he has been hold
tEg here At ;he Special term just closed
the docket was cleared of an cases and
matters pending in which Judge Chichester
In the matter of the estate of John
Myers, deceased, all of the property of the
estate remaining In the hands was
upon her petiticn. with full power to use.
sell or dispose of for her support and
maintenance during life. She is q years
OF age. and stepmother of the other heirs
of the estate. There has been consider
abl1 illwiu during the prOhating Of this
estate. The will provides that the prop
crty, after certain debts are paid. shall go
to the widow for her support during life.
and at her death the balance to the other
heirs in equal shares. and the executors
have held the estate In COurC and refused
60 close il up. fearful lest if the property
got INTO the widow s hands II would DC
Squandcred, wasted and all used up be
fore her. death. leaving nothing for the
other heirs.
ton company. This is a suit in NnCh
Mr.. Myers, who is the heaviest stock
holder in the corporation, seeks 10 pro
hibit the company from increasing the
shares of capital stock from 40 to 100 by
bringing other water users and no more
water into the company, and using the
Increased number of shares as a basis for
the distribution of water. thereby giving
the original stockholders named i'm the
articles OF Incorporation less water All
OF the other stockholders. except Myers.
claim that al the time of the incOrpOFa-
ton five of the members of the Old COM
pany were not in PauguitCh and their
names were omitted from the articles
through fraud and misrepresentation OF
Myers. who was chiefly instrumental in
the getting of the articles of incOrpora-
ton prepared. and who. at that time,
claimed that il would be necessary FOR
certain of the inCOrpOratOrs to fake moro
stock than their share. and afterwards
transfer stock TO the five absent ones
when they should return. They claim also
that the amendment now proposed is only
to adjust and properly distribute the stock
among all of the water owners, and not
to iniure Myers or any other stakeholder.
and that Myers now has more stock as
When the case came on for trial the
Judge observed that the action had been
commenced by filing an affidavit instead
of a complaint. and that there was no
defendant named. either in that paper or
the affidavit calling themselves "a ma
jOrity. had done so and so, and the an
swer being not by the corporation but
by certain persons alleging themselves to
be stockholders The judge held that
even should the plaintiff prevail the writ
ings. run against anybody, hence the
action was dismissed without prejudice
at the cost of Myers. who viii have TO
start his case all over again.
W. ID. LeFevre VS.. A. L. Lamereaux
and j. J. Page: settled out of court and
cause dismissed.
James Give ct al. vs.. Mat Evans ct al /;
by stipulation passed for the term.