| Show THE SCHOOL REPORTS P a L williams wants the county superintendents to report to him C bounty superintendent siewart sl nwart moves to dismiss the ahe writ of alanl anaus AW biro today pt P L wa tams sa said dd he wanted to know what the intention ol of county win M stewart was with reference to the writ of mandamus re quiring auh ipg him to report to mr williams as territorial superintendent of district schools le grande young replied plied that he was Younge ready on beha beh altol lol mr r stewart to argue ache affie lat lattera motion to dismiss ane case which was as follows in the district distract court of the third judicial district of the territory of county of sali ali lyke etke I 1 P ii williams territorial of district schools lor for utah territory plaintiff william M stewart superintendent 0 of f i district schools for salt lake C county out utah territory Defend defendant aut now comes the said defendant william M stewart Bt ewart superintendent as aforesaid abid appears in in this case for fol the purpose of this motion and none other and moves this ron hon court to dismiss the case and to hold the pretended service made upon anis defendant for naught lor for this that the said petitioner as well agthe as the united states marshal failed aud and neglected to farve upon this defendant a copy of the petition or affidavit of said plaintiff and this defendant f furtner shows to this ron hon court that all the die summons of service made upon him was a copy of its order which said aid copy is hereto attached and made a part of this motion petitioner further represents to this hon flon court that he in ia nowise wishes to disregard its orders herein or otherwise and makes this appear appearance anceto to respectfully fully test this question of this service and asks that in case such service be held 6 valid and ancl good me be allowed to file a demurrer anti and answer to the order of wis this hon court and to the petition of the petitioner WM M STEWART we hereby certify that the ithe said defendants fend ten ants dauts objection is well taken in our ien F S RICHARDS lz LE GRAND YOUNG YOUKO SHEEKS a raelind RAW RAvi LINd LiNs attorneys for defendant the arguments in thel case ghere set tor for this afternoon when le grand young stated that the ground of odthe the motion motion to dismiss the service on mr 15 Stew arti was that no copy of the complaint was served on him the write of mandate commanding him to report to mr williams alleged territorial superintendent had beep alone served on this point the statute said that n papers of this character the writ should be served in the same manner as a summons in a civil case cane in these cases it was provided that a certified copy of the complaint must be served with the summons the defendant was not required to answer theonder the order of the court but the id alterations legations in the petition for the writ and unless served ed with a copy of the petition could not answer the allegations therein P L williams argued that this was bot a civil action lor for the protection 0 of f private rig rights ats or the redress of private wron wrongs s the action waso a public want and the writ was directed against a public officer under this view the writ of mandate stood in the iha place of the complaint it stated generally the allegation against the party and it was that the defendant should make answer to mr young replied to mr williams argument and the court took the matter under advisement until 10 a m on monday |
