Show BOUNTIFUL COOP RESENTS DECISION Asks That Judge Whitakers Order Setting Aside Judg men Be Declared Void The Bountiful Coop objects object to a decision of oC Judge J J Whitaker in inthe Inthe Inthe the civil division of ot the city court through a t petition flied Hied in district court yesterday asking for a writ of ot against t the city judg and Charles Charlea Burton The Tile complaint says 11 the tho Bountiful company had summons served against Burton June 7 1909 in an action which was lied filed against Burton in city court five days dRYs later Burton failed Called to appear and judg judgment judgment ment by default was rendered June 18 U 1909 for Cor and costs oo ts Burton flied filed Id a motion nearly a year later aLer in city court to set aside the judgment and this motion was wa grant granted granted ed by Judge Whitaker May 31 In Inthe Inthe the tho petition flied filed yesterday tho the Boun floun Bountiful corporation says II Judge exceeded his hie Iii jurisdiction In setting tUna aside ukle the tha judgment inasmuch as the affidavit of or Burton In support or of the motion to set et aside Judgment did not conform with the law and he ha neither said that he had a good defense to the suit nor did he tender an n answer to be flied filed in the case aute Willful disregard of ot the summon Is III admitted in Burtons Durlon affidavit a and the petition In asking for tor a writ of ot certiorari asks that thet the proceedings of ot city olty court be declared by the district court and the order netting aside tho th judgment be declared void veld and the city court be enjoined from front taking further action |