Ogden Evening Standard | 1910-08-23 | Page 2 | Will Mandamus Court Deputies

WILL MANDAMUS V COURT DEPUTIES. Salt Lake, Aug. 23 Following City Civil Judge J. M. Bowman's recent order or-der that the clerk of his court nor the deputies must not enter default Judgments In suits arising on contracts con-tracts for the recovery of money or damages, the Utah Association of Credit Men, through lta attorneys, Stephens, Smith & Porter, announced Monday that It will bring mandamus proceedings against the city civil court. Including the Judge, Benjamin S. Rives, city recorder, who Is o.-ofliclo o.-ofliclo clerk, and the three deputies of the court, to test the law on the subject. sub-ject. The announcement of tho Institution of mandamus proceedings follows the refusal by the court's deputies Monday Mon-day to the Utah Association of Credit Men against A. L. Ball and Mrs. OUvo Durand. These suits are on assigned accounts for small amounts. The law on the subject says that the clerk or tho court s deputies shall enter en-ter such judgments, but some of the attorneys of the city hold that the law Is unconstitutional In tbat it confers upon the clerk or the deputies Judiciary Judic-iary powers that belong solely with the courts under the constitution. The outcome of the case will be awaited with deep interest, as Judge Bowman's Bow-man's order involves a precedent In this state.