Show f u bo thel thet THEE PROBATE JUDGESHIP no j r i yaji E At TEE replied that recently suit wa int itt the third district mit court by U UJ a appointed anted by the ov gtna r 11 jp judge ug I 1 a of sait sail anty for lor ane berj term 0 of f ottice office ife at september 1882 os q to laft v inter at I 1 10 0 pr centner cent per anici annum a ol 01 hult suit aile ailo alle beathe be due aue tha the emoluments ing y flin I 1 buts appertaining to td 1 1 I A 1 ru y mapp j di wa am vashni an and bealle alleged 0 d to have been unlawfully f ully collected I 1 by judge ellas elias smith the then incumbent and now the defend defendant ja this action notion during the fical ficai year following the above given date the answer to this allegation waa filed yesterday by the defendant attorneys tor bennett haress kaess baess and it makes age a general denial of all tile tiie allegation get set jorth forth in iti the complaint and alleges on anfor matlon mation and belief bellef that the fees fwu and emoluments of eald of probate ludgey ludge accruing to the lightf rightful baid bald altice fon for eight suing huing september 22 did nat ex I coed the sum aum nm ot of 1400 and that tha feeland fee fees sand and emo emoluments laments so accruing for on one year ensuing said last named date did not exceed the sum it i further alleges that during sald said eight 1 months and during the year hvarre respectively ec defendant did not recel recai receive ve feese ees eps emoluments emol emoi or income of any mn ind from said office or credits in 1 excess of the sums respectively last named for said times that for more than one year prior to the general election in utah in ill august ishoy he was ana and ever since ince has been a citizen ot the united tates tatos over twenty one years of age abe a taxpayer and a resident of Sa lbLake e county und eligible to hold la in tory nory an and atthe at the election held on oa the firs monday ot 0 august isso 1880 he ite wj was duly elected to the dirce of probate jad ludge jade e forthe for the term of two years and until i a successor should be elected and quail fled that lie he duly led fac far sald said of tice fice us as required by law law and was wad afterward wa duly commissi commissioned onedas as probate judge by the Gov governor emor I 1 hat that he entered upon the duties of his ahoe and continued to hold the ame alid aad disik discharge harze harge the duties thereof till he surrendered the sama to his successor that tho the registration and election offices odthe of the territory which were vacated by act of congress march 22 1882 were not tilled filled in time to provide for or hold the general election id irl ausnit of tile the same year as provided b by D the laws ot of utah litah and that at an election held in august 1889 1888 there was voted for and ded declared lared elected a probate ludge judae for said county who who wha quail tied and was as suck such ludge judge and to whom and upon upha demand he surrendered mee hile office on or about march th tho defendant further alleges ahat that there lyas duning daning daring the time ho he held said no salary attached thereto bat bal the income accruing to the incumbent and received consisted wholly of fee fees 4 1 fixed b by law IV as compensation compensate for fon see cinc cine 8 services ervi rendered in such office and as such onni ofil officer therefore defendant dant prays judgment that the tha plaintiff take not nothing ing by his action and that the defendant recover his costs herein I 1 I 1 |