Deseret Evening News | 1903-01-17 | Page 3 | Nystrom Vs. Clark

vs V S Petition the for Writ or Mandamus Argued 1 n iud Continued a mu t I a The Time petton for tor a me I writ wilt of or mandamus In the olive CUO of ot J 3 0 O city re recorder re recorder recorder corder and clerk of or the city el courts vs I Frank II hi I lark Clark justice of or orth the lie th peace leace of or the First I precinct was argued In part art before Judge Stewart this morning moring Assistant City II Attorney Shoup argued In behalf of or plaintiff and amui Attorney J 3 A Prick Frick represented de tIe defendant The latter later attorney uis un unable ll ti able to complete his hi before court adjourned so Eo the further hear hearing hearIng ing In of the Ihl case c e was os as continued Ic until uni next Saturday At that list time Assistant City Attorney Schulter will vIli 1 milso make the final argument In behalf of or plain plaintiff tiff tr The Time petition asks ask that lint a writ of ot man mann damns b be Issued against defendant to 10 compel him to 10 turn over owr the time records of or hip bile court ourt to 10 the city clr recorder who ho It is 1 d by I section selon 23 diaper 10 of or tIme the Session RI lon laws of or 1901 charge ehnle of nIl all 01 the records of or the th city courts A of ot of or time the new ne city Il Justice jn tC court was raised by h Attorney In 11 lila his argument He HI claimed that hint the time net act creating the court courtIs cout coutIs Is In conflict with wih ani contrary to set er I lion lon 23 article 6 of or this the Constitution of or the stole state and amI hence Is unconstitutional lionel nod and void old He lie le also claim that defendant Is II his tile own successor and an the successor of Ir all ni the tho Ih other otter justices Justice of or time tho til pence of or tius th city cl find as aM such ID is II en entitled entitled titled to the time books and anI records of or sold said 1111 courts At adjourning time time the court curt con can continued the 11 lie further hearing of ot tIme the Ihl case ca p punt until next Saturday morning at lt 10 it