Inter-Mountain Republican | 1909-08-07 | Page 8 | Suit is Entered Against Justice

SUIT IS ENTERED JUSTICE Fred Nightingale Seeks Judgment Judgment Judg Judg- ment Against C. C H. H Banks of Murray Suit was entered In the district court Friday b by Fred Nightingale 1 lo against as C C. H H. Banks Danles Justice of or the peace at Murray Murray Mur Mur- ra ray asking that Banks b be prohibited from assuming jurisdiction In the case of JanIt Millet n administratrix of or orthe the e c estate t dt 11 Nightingale to recover reco 1 1 9 0 I. I Td t to tu bo owing IJ by Nightingale I Time The complaint sets sels forth that In Sep Sep- ember lember 1906 1006 Mrs IrS Miller suet sued gale grale through the Merchants Merchants' Protective e association F. F G 0 Luke e general manager mana inane ger before C. C F P. one of tho the predecessors of ot Banks Danks In the office Nightingale riled flied an affidavit saying that the Jf to the case were re reel real l- l dents lents of oC Salt Lake In which precinct there was a duly registered justice of or orthe the peace peace- and he riled flied a motion to dismiss the case alleging ln that Justice Durand did not have haye jurisdiction Tho The JUl justice overrule the motion and and It ItIs ItIs Itis Is alleged without notice to gale arbitrarily entered Judgment against him I Nightingale alleges that Justice e Ranks Banks s has attempted to enforce the Judgment b by Issuing nn an execution and ordered NI Nightingale to appear before beCore him hint on a proceeding supplementary to the tho other proceeding In addition to the tho order of ot prohibition naked Nightingale Nightingale Night Night- In ale seeks Judgment against the thc justice for costs a and c. c 25 2 attorneys attorney's fees rees