Show Small Claims Court I May Have Law Scope Widened Mandamus proc proceedings filed in district court against city officials officials officials of of- of- of threatened Saturday to lo open small claims court in operation here since 1933 to all aU types of to recover money judg judg- ments of less than 50 Since the comparatively new court has been in operation under a law passed at the regular session of the 1933 legislature only suits based on contracts contract have been accepted by court clerks This was done after alter a conference confer confer- ence of city judges and an interpretation tion of the law The action in district court was wa originally originally or or- started by David H. H Bybee attorney of oC S Salt Lake City against two defendants now in iii state prison on to Lo recover allegedly taken from I T. T K Webb service station attendant In a holdup March 1 at 12 2 North Second cond West Vest street The money allegedly al- al was recovered on the persons ol or Jack Gra Gray 32 Atlanta Ga and Henry Williams 20 20 Denver Denvel who later ater pleaded guilty and were sentenced sen- sen n. n to prison Mr Bybee first sought to recover the money in small claims court where the case was rejected Mandamus Manda mus ensued Gerald Irvine assistant city attorney attorney ne ney argued a motion to strike the mand mandamus mus before belore District Judge Roger I. I McDonough alleging lack of jurisdiction on the ground that the wrong parties defendant were named and that no service of summons on the city had been made Judge McDonough allowed counsel I for Webb to amend the pleadings and name Ethel M MacDonald city recorder and as such clerk of ot city and I and as such clerk of cit city courts and Leland Leland I. I Acomb cx ex clerk of city courts The case was continued to Monday at 2 p. p m m. for lor ruling on the theother theother theother other phase of the city's defense ment Provided the action is won by Mr Webb it will me mean n small claims court will be opened to all aU types o of tort actions actions ac that is suits uil not growing out of contracts oral or written or not seeking recovery of oC property or compelling an individual to perform certain acts Contractual claims willbe will still be received in the court But in incase each case sums for 50 or less are arc to only amounts that an be sued su-cd for Plaintiffs need not be represented by counsel in iii small mall claims court and the filing fees ees are greatly reduced from irom fees i in other courts Only 1 fee is is s required which includes the cost I of ot drawing the affidavit or the complaint complaint com corn plaint Additional fees of 50 cents and 10 cents per mile are charged for or I service of ot summons where where- plaintiffs desire such services be performed by bya a constable |