Show 11 FARRELL VS I 1 A stipulation of facts riled by the defendant yesterday the following stipulation of facts in tho the case of fanell farrell vs shurtliff hlll was filed with the clerk of the first district court i in he the district court of the first judicial t district of utah territory weber county wm win farrell plaintiff vs L IV shurtliff defendant A formal answer of tho the defendant is he hereby reb v ft aved ai veil A and ad it ia stipulated tj that it t tr the I 1 f following 0 it ing are the ft te is let R 11 ila harris was duly el elected am county treasurer of weber county I 1 at the tile regular august election in the year 1881 and immediately thereafter 1 q qualified and entered upon the duties of hie his office I 1 I 1 ad that at lie the regular august F election in the year 1886 1896 james pingree who was and is in all respects legally competent and qualified to fill ui eaid id office was duly elected as c county treasurer of said county afat that time an election to said office could legally bo be had bad that at that time the eaid said it r harris isias was still living and holding said office that immediately after eaid said election the eaid paid pingree duly qualified and entered upon the I 1 duties of eaid said office the paid said harris P surrendering rendering ar the earno same to him and that ever since that time the tile said pingree has continued and now docs does continue to hold said office I 1 ad id that in february 1887 1897 it P I 1 I 1 harris diet died ath that at lie the regular august election in 1887 tile said paid win farrell who was and is in all respects legally competent and qualified to fill said V office and was duly elected county treasurer of 0 said paid county if at th eliat t I 1 time an election to said office could it bo legally bad ath that he the said william farrell had taken lie the oath of office as A alleged i in hia his affidavit and tendered the bonds as specified in his affidavit herein of ath h that the bonds were and are t good and sufficient and that defendant refused to approve or file the same for the solo sole reason that there was no vacancy in the office of bounty treasurer of said county to be filled at tho the election of august 1887 ath if on the tile foregoing facts tho the requires that the bond of plaintiff shall hall I 1 be approved and filed it is agreed that I 1 the w m rit shall bo be made peremptory I 1 dismissed smith At attorneys Ator orneys nove for plaintiff PlAin liff C 0 RICHARDS attorney for Defend defendant aut |