| Show THE CITY OFFICERS in the contest for the offices of councilmen from the fourth precinct the liberals have filed the following demurrer the people etc in relation of B R W young J F smith and W J tuddenham vs VB L cohn W P noble and L E hall now come the defendants above named and demur to the complaint in the above entitled action and for demurrer thereto pay eay first that said complaint does not state facts sufficient to constitute a couse cause of action second that theres there is no proper party plaintiff in said action that there is no such party or body natural or anticipated as the people of the territory of utah residing in salt lake city by which name the alleged plaintiff id in said sad complaint described third there is a misjoinder of relations as plaintiff in said action accio n in this that each of the relate rs richard W young john fewson smith and william J tuddenham claims to be entitled to an office which is separate and distinct from theoffice the office or franchise claimed by each of his co relaters and t the statute does not authorize the joinder of the persons named as relaters rel Irel aters 11 one provides that any person roon who claims the office may institute an action in his own name fourth there is a misjoinder of parties defendant in said action in that it appears on the face of said complaint that each of the defeat ants ante louis cohn warden P noble and lucius E hall have usurped and intruded lato into and are now asur usurping and holding an office separate aud and distinct from the office which it alleged in said complaint each of his defendant defendants co is usurping and holding wherefore defendants defendant demand judgments judgment etc JOHN B R mcbride WM H dickson attorneys for defendants |
