Show THE confiscation the position taken by the defense as to the suits A short time ago the nims recorded the filing of suits in the third district court for the cheating esche es ati anz to the government of the tithing office office and gardo house grounds the case was entitled the erti states vs certain lauds lands etc and the papers in the suit were directed to F H dyer marshal of the district or of utah in response to the proceedings thus sought to be taken for the confiscation of the lends lands legrand young and sheeks rawlins have served the following notice upon the attorney for the govern please take notice that we appear in ia this action for francis armstrong angust sM cannon jesse W fox jr it and the church of jesus christ of latter day saints for the purpose of this motion only and no other purpose and upon t the he iti information formation filed herein by AH A agn garland attorney general of the united Stat State epand sand george SP arters attorney of the united states f ir r the territory of utah the monition and attachment flad 2 11 d herein her e I 1 P directed to tte marshal of the bisti let of utah and the return oj 01 frank H dyer united states marshal and all the proceedings of record in said matter we shall move this court at the fed eral court room in salt lake city territory of utah on the day of of the opening of court on that day or as soon thereafter as counsel can be heard beard for ar order that the said monition and attachment the alleged service thereon and all pro ce edings thereon be set aside and that the bhe whole of ef sald said proceedings including ad said aid information be dismissed with costs upon the following grounds I 1 this court his has no jurisdiction of the subject matter of said proceeding nor of the property or any part thereof described in said information nor of the parties whose interests right or title of in or to said property are sought to be affected forfeited or es cheated II 11 to abere ere are no parties to or named in said proceedings or any of them either plaintiffs or defendants and said proceedings being directly against property in rem is contrary to law and and practice of this court and wholly unauthorized III no complaint his has been filed in said proceeding naming the proper or any parties either plaintiff or defendant stating any cause of action therein whatever in conformity with law IV no summons has been issued in said proceeding directed to any officer for service nor has any service been made of any summons monition attachment tach th ment or other process upon any person or party whose interest in said property is sought to be affected by said proceeding V said proceedings and each and every part thereof are irregular and witti without out warrant or authority of law and contrary to the practices of the court VI this court has no jurisdiction of said real estate for that same to Is in the custody of the supreme court of the territory through its receiver and aad no lawful attachment and seizure thereof has been or can be made under or by virtue of any process of this court and said pretended attachment is irregular and void VII said process of monition and attachment was not directed to any office knola to the lawent law but to the marshal of the district of utah and the pretended service thereof made by frank H dyer united states marshal who is and was at the time of said pretended servi service cei the receiver appointed by and required to hold bold sald said property for said supreme court ot of utah |