| Show THE COUNTY in the third district court this morning was filed we suit of the people of the territory of utah ex rel walter murphy county attorney of salt lake utah territory plaintiff vs va leonard G hardy defendant for cause of action plaintiff alleges that on the 3rd ard of september 1891 the defendant without authority of law intruded into and usurped the office of collector for said county of salt lake has ever since held and exercised the same without authority of law that on OB the first monday in august 1884 nathaniel jones was duly elected to the office above named for the term of two years commencing anthe first day of june 1886 1885 and ending on the first day of june 1887 and thereafter said jones duly qualified and entered upon his bis duties that thereafter cowit on the day of october 1886 the said jones resigned the office of collector both as well for the term for which he be was so elected as aforesaid in 1884 as the term for which he was so elected on the first monday in august 1886 that on the day of october 1886 the county court of said county duly appointed the defendant hardy to said office of collector for the term for which jones was elected that thereupon the defendant duly qualified and entered upon the dutil duties of the office that at the general county election on the first monday in august 1887 the defendant defendi kut hardy was duly elected to said office for the term of two years commencing on june in that year that at the general election held in saki bald county coudry on the first monday in august 1888 no one was elected to the office M ce of collector that on the first monday in august 1889 the defendant was duly elected for the ahe term of two years eom commencing on the first day of june 1889 and ending on june 1891 that at the general county election on the first monday in august 1890 no one was ellec el elected ted to said office that w artst the h general county election on august let 1891 one A L williams who was then a citizen of the united states and who had bad been a resident of salt lake county for more than one year immediately preceding the date last aforesaid was elected to the said office of collector for the term of two years yeara commencing on june 1891 and ending june lot 1893 the said williams having received a majority of all legal votes cast at said election that on the of august 1891 elijah sells the then secretary of the board of five persons persona appointed by the president of the united states under and pursuant to the provisions of section 9 of an act of congress entitled an act to amend section of the revised statutes of the united states and for other purposes ap approved provid march 2nd and 1882 commonly known as the utah commission did duly issue and deliver to the said williams a certificate of his election that on the ath of september 1891 arthur L thomas governor of said territory duly commissioned him as such collector that after the issuance of commission the said williams subscribed to the required oaths of office and gave a bond in the sum bum 0 of f with approved security to the accept a ce of the county court and did also on march 3rd ard 1887 give a bond to the county of salt lake with approved security in the sum of also a further bond of as required by section 83 of an act of the legislature of utah entitled I 1 an act to provide for a uniform system of free froe schools throughout utah territory f approved march 13 1890 that thereafter said williams demanded of the defendant that he be lot let into the possession of the office of collector and receive all the books papers and other property belonging to sold said office that the defendant then and there refused and still refuses to te surrender the same wherefore plaintiff demands judgment that the said defendant leonard G hardy be adjudged to have unlawfully intruded into and usurp ed the office of collector that he be now unlawfully holds and exercises the same and that he be ousted that the said A L williams be adjudged to be rightfully entitled to said office and placed in possession on 0 of f all books papers and property appertaining thereto that the plaintiff recover from defendant his costs in this behalf incurred and for such other and further relief as may be just and equitable W H dickson and rawlins A critchlow are attorneys for the plaintiffs the complaint was sworn to toby by walter murphy the relator named therein before joseph A hurd notary public |
