| Show w w AW AWA A J PICKET ACCUSES mm SOMMER mmA i A J PJ kett through his lila Judge Hot ln today t day mole made e application to the district dl court for r a arlt writ of or prohibition to enjoin Justice JU UC Morris M from lt wrought against him hini T tung his hili farther in an fa business According A t to 10 complaint Justice on October 19 13 issued a writ of ot attach attachment ment property ty on tile affidavit aI of and delivered the writ to an officer who has baa attempted attempt to erve f it tt by b orders ito 1 AUerbach Uro and Mhers Plaintiff further states state that no summons wan wall wa served on him In this action nor any ah notice of ot the commencement of ot the suit Milt or of the Issuance l of ot the attachment He lie says that after atter wait walt waiting ing mg for tor seven days da after atter the com corn commencement commencement of oC the action he lie voluntarily vol appeared in Sommers Summers court and flied filed lila his answer denying that he owed Oat Gai Gaining Lung ning tun as set et up In the and for tor a q i further defense setting out the existence of ot the partnership and challenging the jurisdiction of ot Justice Bommer tommer to determine the matters at Is Issue Issue issue sue The answer also denied statement In his affidavit that plain plaintiff tilt tiff was about to depart from the state to the Injury of t his hili creditors application then goes on to state statu that hh his ht application to o discharge the attachment was heard In Sommers I court on October 30 when hen he intro introduced overwhelming and conclusive evidence to refute the lie charge made by Gattung that he ho Pickett J kett had been about to depart from Utah but that Justice Sommer gave no consideration whatever to the evidence and nd wholly Ignored the same atno and arbitrarily and contrary to lo till oil rules rule of o trial procedure antI and wholly disregarding all for or his judicial did without con consideration or the exercise e of ot any judg judgment Judgment judgment ment wrongfully overrule this thU relators Pickett challenge to lo said laid Jurisdiction jurisdiction tion lion and did Ud arbitrarily unlawfully and wrongfully without the exercise of ot judgment J or reflection decide to hold said cause In his said ahl justices court COUlt and ond to exercise full ruil and complete juris jurs jurisdiction diction In all the matters Involved therein lickett further avers that t he has lies no plain speedy or adequate remedy remMy In Inthe Inthe inthe the ordinary course cour e of at law to protect prot ct the assets of ot the partnership firm and the rights and Interest of ot the creditors or himself In the tM partnership assets and therefore prays the district court COUlt to Intervene to prevent the mischief and Irreparable damage that is threat threatened threatened threatened ened to be bu done by b reason of ot the ar 11 arbitrary arbitrary unlawful and wrongful conduct of ot said caid Morris Sommer as justice of ot the theIn theIn In the tore fore part of ot his application for the tho Pickett explains that he and formed a 0 partnership tilt for forthe or orthe the purpose of ot contracting for Cor and ond making and erecting certain large and expensive hc awnings to wit one on the wont of oC the th business house houe of or F bach lIre Dro and one on the front of ot the business house houle of ot the Paris Millin Millinery Milliner cry ery er company and auel that when the suit was wal commenced the Paris Millinery awning had hud been bren put up while Aur Auer bachs had not yet et been completed WRIT IS GnA T D The writ of at prohibition was granted grAn tN today toda and reads as ns follows Now No therefore this Is to command and cau caution caution caulion tion lion you ou that forthwith and forever re we refrain retrain frain train from exercising any an Jurisdiction whatever or In any an manner or form orm ormo over o et the action now pending In your Our court wherein K l J r C Gattung is plain plaintiff plaintiff tiff and A J 7 or A J 3 Co Is II defendant or that you ou show cause to this court on or the day of o November 1901 lODi why you y should not be 1 to o 0 forever tOIler prohibited ami have hae you ou then and there this Ihl writ with your our compliance herewith endorsed hereon lerton and your our r weapons fon If It you ou have hA hAan any an why wh this mandate man should hould not be made Ind perpetual In the meantime you will 11 strIctly observe obere and obey the above prohibition Hereon tall fall not un under under der dew penalty |
