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Show DECLARES THAT COURT FAILED TO DO DUTY Serious Accusations Against a Former Justice of the Peace Made. In an application for :t writ of prohibition prohibi-tion mado In tho Third District court on Wednesday by Herbert Elwood, serious ncctiHations nro mado against former Justice of tho Pence J. P. McOmlo of Murray. Charlcn F. Durand. the Justice who succeeded McOmle, Alexander Dahl and Francld G. Luke are mado dofondants. Statement of Case. In tho sworn allldavlt of Mr. Elwood It Is charged that Alexander Dahl, through. F. Q, Luko, his attorney, on Octobor G, 1001, began a suit In McOmle'n court against tho afllant; thnt judgment was wrongfully and illegally taken against the afllant and defendant, who, It Is alleged, was a resident of Summit county, not of Salt Lako county. Negligence Is Charged. Tho nillant further alleges that within tho legal tlmo he made his appeal from the judgment of tho court, thus alleged to havo been unlawfully entered. Ho then charges that Justice McOmlo failed lo enter en-ter In his records tho notice of tho appeal us required by law. until after tho time for tiling had elapsed, thus preventing tho defendant from securing his hearing in a higher court. Demands Prohibition. For these reasons tho afllant asks for a writ of p.-ohlbltlon to provent the Justlce'tj court of Murray from carrying out tho Judgment, ullcgcd to bo Illegal. This writ wno granted temporarllv and set for hear-ii.g hear-ii.g March 31. |