Show THE MOTION DENIED tha W ise off 1 L willennis vs IV M in the third district in the third district court saturday d ay in reply to t the e writ of in mander in d am nui u s requiring him to report to P L williams as territorial superintendent of public schools wco wm M X stewart county superintendent of schools for salt lake county filed the folio following wing in J the district court of the judicial Di distrait of the territory of utah county of salt satt lake ke P L williams territorial superintendent of district schools for utah territory plaintiff Plain tIO vs wm win M stewart wart superintendent of district schools for salt lake co county utah territory defendant now comes the eaid bald defendant W 31 stewart superintendent as aforesaid and appears in tine this case for the tho purpose of this motion and none other and moves this hon lion court to dismiss the case and to hold the pretended service bervice made upon thiede this defendant for naught for ahlo that the said petitioner as well as the united states marshal failed and neglected to serve upon this defendant a copy th the a petition or affidavit of said plaintiff and this defendant further shows to this lion court that all the summons of service made upon him was a copy of its order which eald said copy is hereto attached and made a part of this motion petitioner onor further represents to thia this lion court that he be in nowise wishes to disregard its orders herein or otherwise and makee makes this appearance to respectfully test this question of this service and asks that in cuse case such buch ervice service be held valid and good he ile be allowed to file a demurrer and answer to the order of thia lion court and to the petition of we petitioner wu al STEWART we hereby certify that tife e bald said defendants f fend ants objection is well taken in our opinion F S RICHARDS lie lu YOUNG S a RAW RAWL aaa attorneys for defendant the question was argued by lo 10 grand Young for mr stewart and P L william williams far for himself and the court took it under ad advisement until today to day at 10 |