Show JUSTICE DURAND IS REBUKED RE BY HIGH COURT Time The state supreme court yesterday handed down an au opinion by time the terms of ot which it is is now impossible imposible for u jus jus- tico ticu of the peace peace- to 1 refuse e a n change c o qC of f venue venne in a t t ease case where a proper it is filed Tin fIll decision further declares declare s that the justice loses jurisdiction diction of the lie ease case as a soon oon 1 as the the- the affidavit it is filed Time TIlt opinion also aNo ul o mildly rebukes Justice of the Pence fence C C. P. P Durand of Murray Tho rho opinion was written ritten by hy Chief f Ju Justice tico McCurty McCarty and Associate Justice Justic rick Krick in an nn op opinion nion of his hi own concurs s in the t finding Associate Justice dissents to the time opinion The opinion was waC given tu in the case of oi Utah ox IX rel rl P P. V. W. Gallagher her against tile the Third district court Judge M. M r. r L L. Ritchie and John Wood Gallagher r was seeking a writ of ma mandamus compelling com coma- hlll Judge c Ritchie to hear a case he lie hem Ill had m against Wood upon it its merits On December 23 23 3 1903 Gallagher com coni- commenced an out action before Justice Durand t. t to recover reCO 33 0 O. O Summons was ryas issued ell nn nu the name ame dav day but huL not sen d l until January 19 19 1007 On January 20 1007 Wood fled an nn it for a a. change of venue The affidavit it stated that Wood loud was not a n resident of the precinct or that the debt was in ill the precinct precinct pret pre pre- as required reunited by Ly law la An 11 order was then entered n I transferring the case to toI L Lehi hi precinct whore where Wood J lived cd On OIL I March 12 HlOi 1907 Justice Durand withdrew with with- drew his order of transfer and entered judgment against ag the defendant as a- athe theco the tho co costs ts of tho the court had not been paid Tho The case was appealed to the district court where where- Judge Ritchie ordered the ease case dismissed in tho the justice court on nn the tho ground that the justice had lust lost jurisdiction Gallagher appealed the theca ca case e to the court About Durand In Iii scoring Justice Durand the time su su- premo court jurist says sacs ilI Therefore tho the action of the justice insetting in insetting setting a aside i c the order granting a a. change of venue and then proceeding to try the cJ case e was wai something more moro than mere merc error It was wall an unauthorized attempt attempt at at- tempt on his hill part to regain retrain control over an action of which ho be had hall been bren I completely divested di of all nil jurisdiction except to transmit the files and md papers paper to the tho justices justice's court to which the chan change e of venue had hind in effect been granted Hence it necessarily follows that the justice of peace in proceeding to try the case acted without jurisdiction tion tinn and the judgment entered rc by him hint was absolutely null and void The justices justice's s 's court having meen complete completely com coma ousted misted of at all nil jurisdiction overtime over oer the time particular cn ease case c except for the papers pa pay pers pens hereinbefore mentioned tho the d dis district s met could not acquire jurisdiction tion tiomi b by appeal It H therefore properly dismissed the tho action for want of juris juris- diction Tho rho supreme court yesterday reversed the case ease of Annie Annie W. W n against James Chesney an and remanded remands it back to the Davis is county court for a new trial with the permission of tho the plain plaintiff tiff till to amend her hr complaint In the tho lower court the plaintiff secured a jud judgment judg judg- ment meat of and the defendant appealed appealed appealed ap ap- pealed on tho the ground that the lower ower court should have o sustained the demurrer demur demur- to tho the complaint Justice rick Prick in in his opinion n sets set out wherein the complaint complaint com com- plaint fails fail to comply with the statutory statutory statutory statu statu- tory requirements and the other justices concur in tho opinion |