Salt Lake Telegram | 1906-11-14 | Page 8 | Writ Against Judge Durand

WRIT AGAINST JUDGE DURAND Granted by Judge Lewis, Restraining Him From Farther Action in Suit Brought in His Court A writ of prohibition was issued this morning by "Judge Lewis restraining C. F. Durand, the notorious Justice of the Peace of Murray, from taking any further fur-ther action in a case brought in the Justice Jus-tice court by the Spanish Fork Co-op against John M. Christensen of Poca-. tello, lad. The writ was granted upon a petition filed by Christensen. According to the petition the Spanish Span-ish Fork Co-op filed suit in the Justice eourt on August 8, 1906, and caused an attachment to be issued tying up money that the defendant had coming from the Oregon Short Line railroad. He further asserts that the complaint on which the attachment was issued was not verified as required by law. Christensen declares that he did not receive a summons in the case until September 20, 1906. He asserts that thereupon he filed an affidavit on October 1 last, objecting to the jurisdiction of the eourt and fllea and affidavit in accordance therewith. The affidavit said that the defendant was not a resident of Murray precinct and the debt if any had not been contracted con-tracted there, but at Spanish Fork. It is charged that the Justice arbitrarily arbi-trarily assumed jurisdiction of the case and caused a judgment to be' entered against the defendant. Upon this it is declared that an execution has been issued and placed m the hands of the Sheriff of Salt Lake county for collection collec-tion of the money held by the Oregon Short Line. Unless restrained, it is declared, de-clared, the money will be collected.