Show STRICKEN EN FROM TIE THE FILES Oscar C Barton Barlon Says le lie Dd Iid Not to Contest the of Sheri Sheriff Abbot Abbott of Davis Das and That Proceedings Were cre Begun ls his Knowledge 10 O Tim De Dee Ther Thre wa was a II somi surprise her hers this afternoon when tIme the c case ot of Or Oscar C lAte Jl candidate to for sheriff ot of DY Davis county against I ii IC Abbott the Democratic candidate for tor tb the Mie same cube wu was stricken rr from tb the flies at time tbt I instance tal ot of the plaintiff thought tire to do 1 so cre caine tr time the defense Tire toner former WI was represented by b ll Seas Seasor tor or Arthur Uro or of Sat Salt Lake and Attorney A U ii laTt hayes of Ogden while le the lUe latter was represented by br Attorney C C Richards ot or time nn firm ot of Richards and llan ot of Ogden Ogden As AI will 1 be remembered the cal case W was luty recently to hat Inave th the certificate lUt Issued to Abbott I as arl sheriff delar declared nul null nulland and void voId and to I ban I it further de decare care dared that Barton Harton WU was elt elected to the olee and to order the issuance ot of a certificate to him O On the opening of at curt court the defense move moved to Strike the complaInt and contest tro from tIme the lie lii on the grund ground ad and for tor th the reason 0 limit they we were no not verified by time the affidavit l lL J L ot of Mr fr the contesting party sti M required by law but by another outside of the raM case altogether I It Af at p pears lat that the wre luU luaU tute while the plaintiff was tined at his hll own on hama home In n 0 of smallpox I It appears all also from the to tel lowing affidavit that the acton action Wi was taken without iris 1111 knowledge or on oon Mi sent t State ot of Utah ar C I deposes and say a that hI he II of oe lawful age an and that he is II th the plaintiff In time the above entitled acton action and that II salt l as ton lion was wal brought without hl iris authorization ton knowledge or J au anti that the sanse was nt not nU ratified or r approved b by hi him Tt That he the bringing ot of such acin action and nd that h he dOI does lot riot wish to contest the tbt validity ot of the election o of L I l lii AL Ab Abbl ALbott bl bott to 10 the otc office ot of sheriff for or the said Id IdDa Da Osis I count un Wherefore plaintiff prays that mimi hi arton action he be forthwith dismissed Srn OSCAR C The w was certified ertle t to 11 by R li W V Barnes not notary public under date ot of lh the th last time ne plaintiff all also sent a aletter letter to th the defendant II iii which he made the fl same state statement tat ment and I In whIch ire he reiterated tbt IbM the ral ease had bl been brought without his knowledge or consent ad amid that h be did not do the contest to be made I d ly Jj |