Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1901-11-02
A. J. PICKETT
ACCUSES SOMMER

A. j. Pickett, through his attorney.
Judge Theodosius Botkin. today made
application to the district court for a
writ Of prohibition TO enjoin Justice
Morris sommer from trying suit
brought against him by Frank z, Cat
tung, his partner in an awning manu-
featuring business. According TO
Picketts complaint Justice Sommeryon
October 10, Issued a writ OF attach
ment against plaintiffs property on the
affidavit of Gattung and delivered the
writ to an officer who has attempted TO
serve Il by garnishment orders to H..
Auerbach & Bro. and others. Plaintiff
further states that no summons was
served on him In this action, nor any
notice OF the commencement Of the
suit or OF the issuance of the writ Of
attachment. He says that after walt
ing for seven days after the com
mencement OF the action he voluntarily
appeared in Sommer's court and filed
his answer, denying that he owed Cat
tuns as set up in the latter's complaint.
and for further defense setting OFT
the existence of the partnership and
challenging the jurisdiction Of Justice
Sommer TO determine the matters at is
sue. The answer also denied Gattungs
statement In his affidavit that plain
tiff was about TO depart from the state
to the injury Of his creditors.
Pickett's application then goes on to
state that mis- application to discharge
the attachment was heard in Sommers
court on October 30. when he intro
duced overwhelming and conclusive
evidence to refute the charge made by
Gattung that he GPicketU had been
about TO depart from Utah. but that
Justice Sommer gave no consideration
whatever 10 the evidence and wholly
ignored the same, and arbitrarily and
contrary 10 all rules Of trial procedure
and wholly disregardng all self-respect
for his judicial office, did, without con-
, sideration or the exercise OF any judy
ment, wrongfully oyerrule this REALTORS
(Plckett's) challenge TO said jurisdic-
ton and did arbitrarily, unlswfuliy and
wrongfully, without the exercise OF
Judgment or reflection, decide TO hold
said cause In his said Justices court
and to exercise full and complete juris-
diotion In all the matters involved
therein"
Pickett further AYERS that he has no
plain, speedy or adequate remedy In
the ordinary course Of law to protect
the assets Of the partnership firm and
the rights and interest OF the creditors
or himself In the partnership assets,
and therefore prays the district court
TO intervene ito prevent the mischief
and irreparable damage that is threat
ened TO be done by reason OF the ar
bItrary, unlawful and wrongful conduct
OF said Morris Sommer as justice OF the
peace"
In the fore part OF his application
for the writ. Pickett explains that he
and Gattung formed partnership for
the purpose of contracting for and
making and erecting certain large and
expensive awnings. TO wit: one on the
'front.' OF the business house of +. Aucr-
bach q Bro, and one on the front OF
The business house Of the Paris Millin-
cry company" and that when the SUIT
was commenced the Paris Millinery
awning had been put IN while Auer-
bachis had not yet been completed.
WRIT Is GRANTED.
The wit OF pfonlolNo" was siau'cu
today and reads as follows; Now.
therefore. this In TO command and eau
ton you that forthwith and forever re-
frain from exercising any Jurisdiction
whatever or In any manner or form
over the action now pending In your
court. wherein +. c. Gattung IL plain
tIff. and A. J. Pickett or A. ]. Pickett
& Co. is defendant, or that you show
cause 10 this court on or before the
9Th day Of November, 1901. why you
should not be so forever prohibited. and
have you then and there this writ with
your compliance herewith endorsed
hereon. and your reasons, II you have
any. why this mandate should not be
made perpetual. In the meantime you
will strictly observe and obey the
above prohibition. Hereon fail not un-
der penalty"