Show MOMIE OIE BROUGHT I INTO LUKE SUIT Valentines Charge He and Durand Durand Durand Du- Du rand Both in Conspiracy to Defraud OPINION WAS CHANGED Case Cn Taken Under by Lukes Luke's Suggestion Pul False Fale c Entry Is Alleged l August and ancl Sophia Valentine Valentino filed suit sui yesterday In which conspiracy Is the main allegation and ui In which Francis O. O Luke the tho Merchants Merchants' Protective Protective Pro Pro- association C. C F. F Durand J. J P. P and Wathen athen are ae the defendants The complaint alleges that the defendant defendant de tle- de- de Ollila Olna Wathen was as to file a asuIt asuit asuit suit and Francis G. G Luke Lulie was to act as her attorney and amI was to I act as justice of oC the peace In trying the case and was to Judgment against the tile plaintiffs the Valentines and then pr prevent vent her hel from taking an appeal from fromn the tho judgment jUdgment The complaint states that on July 1 1903 1 Olna Wathen filed a a. n complaint complaint com coin plaint In court against the Valentines b by which she sought to replevin thirty head of or sheep with their Increase tho sheep heep being delivered delivered ered It I was wa as alleged June 1 1392 The rIle plaintiffs were served with wih summons summons sum sum- mons moos and anti In due time filed a demurrer In iii l court alleging that the Justice had Imad no jurisdiction In iii n tho case as tho tIle defendants were residents of Box Elder county This Timis demurrer was overruled by and anti th the the- thede defendants de tle- were ordered to file me an answer answer answer an an- to the thc complaint which they did and in It I they denied all of or the allegations nIle alle ale ale- gatons s set t l forth l in 11 the complaint The Tile case was as set for trial Oct 7 i 1903 and at that time both sides both sides offered testimony and too the court announced It Itis itIs I is alleged that he was sas of ot the opinion that there was as no cause for action The Valentines allege that at this juncture juncture junc June ture the court was Interrupted by Luke who sugg suggested ste that the court take lake the matter under advisement and this the court decided to do do though he said that he did dill not believe that he hc would change chango his ills mind It I Is la further set forth that on Oct 21 21 1 1903 the Valentines received a written notice from Crom which was to the effect that the court had altered Its Is opinion In the thc matter mater and had lad rendered Judgment In favor avol of or thu plaintiffs to tho the effect that they have llaC lave and anti recover from the tile defendants 75 head of stock sheep or the sum of or 25 In cash cash- Say Judgment JI Was n ac Ante late I. I Tho The Valentines allege that as part of jf tho the conspiracy antedated the he judgment which h was vas made Oct Hi 15 by making a falsa entry In his ly locket docket et reciting that that- Judgment had licen entered Oct 7 They The further allege that e to acknowledge tl c receipt of or the of or appe appeal l antI and that th they wel were to apply to Judge S. S WStewart W W. Stewart Stewart of the tIle district court for fOI an order directing the tile Murray Justice to o transmit to the district court a n case certified COI copy of all at papers In the Further tile the defendants In this case riled flied a motion moton In tho the district court courto to o dismiss the tile appeal which motion was denied by tho the court and tho the same became t final judgment and ant no appeal appeal appeal ap ap- ap- ap peal has Ilas been taken taleen The he Valentines further allege that Luke through fraudulent means had C C. F. F Durand successor enter up Judgment In iii the sum of against them anti and also Thomas homas Blackburn Blackburn Black Black- bUn burn and antI Lulu J ulu B. B 1 Call Cl who wilo were sureties on the tile first appal appeal and also against the United States Fidelity Guaranty company and that Durand no now threatens to have execution Is Issued Issued Issued Is- Is and place sued and to enter Judgment the tho same In the hands of the sheriffs of Salt Si Lake Lalee and Box Elder 1 lder coun coun- ties The plaintiffs ask that tho tilo judgments judgments judg judg- ments entered by Durand and Mc- Mc Ome be declared void ol and that they bo be restrained from taking further Jurisdiction In ill the tile matter an and that an Injunction be J Issued restraining the defendants from flom having execution Issued on Oil the pretended Judgments jUdgment |