Salt Lake Tribune | 1915-02-03 | Page 12 | Jurisdiction of Justice Questioned

JURISDICTION OF JUSTICE QUESTIONED Writ of Prohibition Is Filed Against Action of L. R. Marti Mar-ti ncau, Jr. The question of the Jurisdiction of a justice of tho peace to hear a civil case outride of his own district will be tested in the district court on a writ of prohibition pro-hibition Issued yesterday against L. R. Murtinoau. Jr., Justice of tho pence. It is alleged In the application for the writ that the justice of tho pence rendered ren-dered a judgment against Charles Brain-letto Brain-letto and svlfe for $11. 110. It also Is alleged al-leged that the jmlginont was rendered despite the fact that a mot f on to d turn tu-rn Ins was before t ho court, and tha t n t t lie time tho court acted neither of the defefidiints nor their counsel were present. pres-ent. It is further alleged that the original orig-inal action was brought by James A. IjiiKe of tho Merchants' Protective association, asso-ciation, and it is charKod that Luke did not have the proper a uthorlty to brin the action; that no service of summons was had on tho defendants within tho time specified by In.w; that tho city Justice Jus-tice hoM no Jurisdiction, because the debt was contracted in t'leasant Green, and that the defendants lived In Murrn y, where there is a justice court of Jurisdiction. Jurisdic-tion. Tho petitioners nsk that the Justice of peace bo reslralflied from tailing further fur-ther net hm in the case. A restraining order was Issued pending tho hearing of tho case In the district court.