Show DURAND CENSURED BY SUPREME COURT GOURT Conduct of Murray Justice Again Comes in for Severe Criticism JUDGE RITCHIE IS UPHELD S Gallagher's Suit for Against Wood Lost Through Irregularities S Charles F. F Durand quondam S operator of or the kangaroo Justice S court ourt at Murray 1 was was censured again by the tho court yesterday esterday for forthe forth forthe th the irregular methods s of oC his court while ho was on the bench The S opinion is written by Chief CheC Justice McCarty McCarty Mc- Mc Carty and Is concurred in by Justice I Frick Justice Si Tho The case ase Is that of tho the state on S relation be of if P. P W. W Yo Gallagher Gallagher- petitioner against tho Third District court M. M L. L Ritchie Judge and John Wood Gallagher asked for a writ of ot mandata mandate man roan date data to compel Judge Juge Ritchie to reinstate reinstate rein reIn- state his suit and anI and allow S It to he tried on Its merits The petition petition petition peti peti- tion for a n. writ Is denied b by Chief ChIc Justice McCarly McCarty It la Is shown In the record that December 23 1903 Gallagher Gallagher Gallagher Gal Gal- brought suit In the justice court courtat S at Murray against John Wood Tood to collect collect col col- col- col lect heel Summons was vas issued on the tho seine same day tho the action was commenced com con but lut ut was not served until Januar January January Jan Jan- uary 19 10 1907 A A week later Wood Woo filed an application for a a. change of 01 S venue Durand 1 1 Ills His Mind Justice Durand read rend Woods Wood's s 's affidavit affidavit af at- which set out that Wood Woo was a S resident of Lehl Lehi and the caso was transferred to that precinct Tho The order was entered by ly Durand February February a ary Y 11 1907 and contained a n provisIon provision provi provi- sion slon that the tile costs in his court must be paid Tho The costs were not paid March 12 12 1907 and Justice Durand vacated the order for change of oC venue and ind rendered Judgment in favor or of or Gallagher Regarding this tho the opinion sa says s Tho The defendant Wood desired the justice to do o that which it was his plain duty under the statute to do Tho The kangaroo methods s of oC Duran Durands Durand's s 's court received recel more or less lees lessof lessor of or a Jolt when Wood appealed from the he ju judgment to the district court He moved that the action in the Justice court be dismissed because when th them the order for a change of or venue had been entered Durands Durand's court lost lon Uon and could not assume it again Judge Ritchie sustained this motion mo- mo tion Ion and and ordered tho the case caso dismissed Gallagher appealed 10 o the Supreme court for a of lor of mandate and nd was be beaten be ten rv v. v LO cr Lower I Court n ncr Rc cr tl I. I Justice Prick Frick handed down a a. concurrent concurrent con con- current opinion yesterday in the case of Annie W. W Chesney respondent as against James Chesney appellant The Tho district court for tor Davis county Is reversed re- re versed and a new trial Is granted with for the plaintiff to amend her complaint to conform with the ruling of the tho Supreme court In this tills caso case the plaintiff secured ju Judgment ment for 59 anti and the defendant defendant de- de appealed on or the ground that the he court should not have havo overruled the he demurrer to the complaint on the ground that tho the instrument was not properly drawn n Justice Frick points out tho the flaws In the complaint showIng show show- Ing ng where it does oes not conform to the statutes and reverses the lower court courton on that ground |