Salt Lake Tribune | 1904-05-06 | Page 3 | Power of Clerk over Legal Publications

POWER OF CLERK OVER LEGAL PUBLICATIONS Under the law the Clork of the District Dis-trict court has tho right to designate the publication in which estate and legal notices" shall appear. Thin was the ruling made by Judge Hall yesterday yester-day In sustaining tho demurrer filed by the defendant in the mandamus proceedings pro-ceedings recently Instituted by tho manager of a certain weekly paper against County Clerk John James. The action was brought to compel the County Coun-ty Clerk to order a probate notice published pub-lished in the plaintiff paper. The defendant de-fendant was represented by the legal firm of Powers', Straup Llpman, who argued that the clerk had ordered the notice published in another paper and that pi-ocecdlngs in mandamus could only be Instituted where an official offi-cial refused absolutely to perforin a duty required by law. It was also Bhown that the plaintiff petitioner was In no way Interested In the estate in question ques-tion and that the refusal to publish the notice in tho plaintiff paper was not made to the petitioner, but to a party interested In1 the estate.