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Show BOUiTIFIIL CO-OP. SEEKSJEITIORiRI Petition Is Directed Against City Civil Judge anil Charles Burton. A petition for a writ of certiorari has been Med In the district court by tho Bountiful Co-op., a corporation, against. Judge J. J. Whltaker of fho city court and Charles Burton. It Is alleged that the Co-op. had summons sum-mons served upon Burton Juno 7, 1900, in an action It Med against him In the city court five days lator. Burton did not appear and a default judgment was entered against him on June 18, 1009, for 572.22 and costs. May IS, .1910, 'Just eleven months after the Judgment was entered. Burton Med a motion In the city court to set aside the judgment, and Judge Whitaker, May 31, granted tho motion. It Is alleged that Judgo Whltaker exceeded ex-ceeded his Jurisdiction in setting aside the Judgment because the affidavit, of Burton In support of the motion to set aside was not in compllanco with the aw, ns lie did not state therein that ho had a good defense to the action and ho did not tender an answer to be filed In the case. It also Is claimed that In his affidavit Burton admitted that ho wilfully disregarded disre-garded the summons and did not mako any effort to defend tho case. It Is asked by plaintiff that a writ of certiorari cer-tiorari bo issued and that tho proceedings proceed-ings taken by Judgo Whltaker bo reviewed re-viewed by the district court and tho order or-der by tho lower court setting aside the Judgment bo declared null and void. In the meantime It lu usked that tho lower court bo enjoined from taking any fuF-ther fuF-ther action In the case. |