Show THE CHURCH attorneys for the church file a motion in the case in regard to tho order heretofore ande in the church defendants to show canse the girdo house and His and grounds and the tithing yard should not escheat to the government a stay of proceedings was granted antil december the attorneys for the defense filed the following motion in the district coart of the third judicial district of the territory of utah salt lake county in the matter of the for the forfeiture of certain real eskaf formerly held and owned by the corporation of the church of jesus chrict of latter day saints pease take notice that we appear in this action for wilford woodruff wm B preston RT burton john B winder and the church of jesus christ of latter day saints for the purpose of aliis motion only and no other purpose and upon the information filed herein by A H garland genarah of the united states and george S peters attorney of the united states for tha territory of utah the monition and attachment tach ment filed herein directed to the marshal of the district of utah and the return of frank H dyer U S marshal and all the ef record in said matter we shall move the court at the federal courtroom in salt lake city territory of utah on the day of december A D 1888 at the opening of court on that day or as soon thereafter aa can bo heard for an that the said motion and attachment and tha alleged service thereof be set abida and the whole of said proceeding including said information be dismissed with costs upon the following grounds 1 this court has no jurisdiction of the subject matter of said proceeding nor of the property or any part thereof described in said information nor of tha parties chosa interest right or title of in or to said property are sought to be affected forfeit edor es cheated 2 there are no parties to or named in said proceedings or any of them eitnier plaintiffs or defendants and said proceedings being directly against property einrem is contrary to law and the practice tica of this court and wholly unauthorized zed 3 no complaint has been filed in said proceeding warning the proper or any parties either plaintiff or defendant nor stating any cause of action therein whatever in conformity with law 4 no summons haa been issued in said proceeding directed to any officer for service nor haa any service been made of any summons motion attachment jr other upon any perdon or party choso whoso interest in said property is sought to be affected by said proceeding ce 5 said proceeding and each and every part thereof are irregular and without warrant or authority of law and contrary to th practice of the court 6 this court has no jurisdiction of said real estate for the reason that the same is in the custody of the supreme court of said territory through its receiver and no lawful attachment and seizure thereof has been or can be made by virtue of any process of this court and said pretended attachment is irregular and void 7 said process of monition and attachment tach ment was hot directed to any officers known to the law but to the marshal of uie district of utah and the pretended service thereof made by frank H dyer united states marshal who is and was at the time of said pretended services the receiver appointed by and required to hold said property for said supreme court of utah LE GRAND SHEEKS RAWLINS to george S peters attorney for the united states for the territory of utah the same motion was filed in behalf of frances armstrong A M cannon jessie fox jr W B preston R T burton J R winder and theodore mckean |