Show COURT MUST TRY 11 A J a m mm M. M mm OLD SUIT ANEW ANEN Question of Jurisdiction Is Decided Decided Decided De De- De- De on Appeal to Supreme Court An opinion was handed down b by Jus Jus- tIce W W. H. H McCarty of ot the state Su Sn- u- u premo court Wednesday making permanent permanent perma perma- nent a temporary writ of or mandate ranted granted In the case caso of ot the state of or Utah ex ox rel reI Hyrum Neilson Nellson against tho the Third Judicial District court for foz Sal Salt Lake county M. M I I. L. L Ritchie Judge JudEe E. E E. E Watrous H. H It R. Watrous and Earl Watrous trous tho the court being directed to reinstate the tho case which had been dismissed dismissed dis dis- missed and hear It on Its merits Nellson rolison on October 31 1908 be began Rn an action In the tho Justices Justice's court of or the tho Salt Sail Lako precinct against E. E E. E Watrous Vat Wat ut rous IL n. R. R Watrous and antI Earl Watrous to recover alleged ed to be duo on goods sold Hold to them A writ of or at attachment at- at was us Issued but no summons was served ser on tho the persons a against whom the action notion wn was wa brought who In November moved mo to dismiss the action on tho the grounds that It was brought In iii tho the wrong rong precinct The Tho Justice SIJ sustained sus sus- the motion and dismissed the action without prejudice An appeal was taJ taken en to the tho District court which upon the tho filing of or a R motion b by wat- wat rout and others dismissed the case on December 3 31 without prejudice to a anew anew anew new action The Tho higher court says sas the tho question of oC Jurisdiction which was raised did not enter Into the case and nIl says sas the District court should have heard the case cale of oC Its Us merits |