Devils Lake inter-ocean. (Devils Lake, N.D.) 1909-1915, 1911-07-14


entitled action t6 tie aaid District
Court III and for Nj lson Count iii the
FIRST Jud icial District FOR ~ heI trial of
said action iii said term or court to De
begun and hold den ON the VII th day iii
Jlily, AN 1911, and That he said clerk
of the District Court Id and ffor Ram
seyS County, unless restr aimed and pro-
}hibited N theref rom by rider of this
court, will and Is about To- transfer the
said action purs uant to the said pre-
tended order, to the Count sOff Nelson,
First Judicial District, in the s, tate sof
North sDako ta, for I'll al \; that there has
never been any ORD Ter mad q BY the
Judge Of the said sDistri let 81 nrt trans.
ferring said action 5tos said Nelson
County, or any other seo ty for stria Al
and that the only auth ority had for
transferring the same he aid pre-.
tended order. made the said
Buttz, Esd, made while the said iC. STVss
BUTTE was attempting tq5usurp, intrude
into and perform the Sffunct ions 3of the
said District Judge. OF the District
Court in the said Second judicial Dis
trict and that said act on iss now and
was at all times herein y mentioned
pending in and for said Ramsey Coun:s;
ty, State of North lDako Ia; and that
this afhant Is a. resident Of the said
Ramsey County and Wassn resident OF
the said Ramsey County, orth Dar
kota, at all times herein ment Toned,
and is legally entitled to have the trial
Of said action in}said Ramsey County
State of North Dakota; and i that the
offense charged against this afhant
and defendant is alleged to have been
committed in the said Ramsey County,
State Of North Dakota, and that this
affant objects to being tried in the
Dakota and relies upon his legal
rights to be tried in the said County:
of Ramsey, State Of North Dakota, un-
til such time as valid order is made
and entered by the Judge. of the: Dis.
trict Court in and for Ramsey County;
State of North Dakota transferring
said action according to the law ito.
some other county: :55jji Il IT, r., ~ rs
9Th. That the clerk of the District.
Court in and for said Ramsey County
since the first day of January, A. d.
1910, is and was at all times herein
mentioned Herman Stenseth,f ESQ.,
and that the said Herman Stenseth as;
clerk in the said District Court in and
for Ramsey County has not as yet;
transferred said action pursuant to
said order to the said County Of Nelson
nor certified the records In this action
to the District Court in and for the
District Court in Nelson County but
threatens and is about to transfer. the,
records and files in the said action to
the said County Of Nelson in the First
Judicial District for the trial of the
above entitled action in the said Mel,
son County unless restrained by an
order of this Court =, !; r, :,Es Y
9th. That affiant during all Of said
times that the said c. W. Buttz was
attempting to usurp, intrude into and
perform the functions Of said District
Court, denied his right to intrude into,
usurp and perform the q fun tions,
duties and powers of said District
Court, and that at all times excepted
thereto during said time and Y In j no
manner acguie in any acts of con
duct of. the said O. Butttz & s :t.s$
WHEREFORE, This affant prays
that the Court make an order restrain
ing tie said Herman Stenseth, clerk
!of the District Court in and for Ram
sey CoilL ty from in any manner trans
;ferring the records or part Of the re-
cords, 81 files or part thereof In the
above entitled action, or from In any
way interfering with the, tendency Of
said action; in said Ramsey County and
for such other order or equitable re-
lief as shall: be necessary to prevent
any person from Interfering with the
|pendency Of said action in said Ram
|sey County, North Dakota; and this
affiant refers to all of the files, papers
and records of the clerk of the, Dis
Etrict Court Of said Ramsey County,
North Dako ta; i In this action Id con.
(nection with this affidavit and etition:
s(SEAL) sEs s .st st G. w: GREEN
III Subscribed and " sworn before 4 me
this Bird OF July, A. d. L. 81 |: 5f5fs 81
I5Ss5f 5 re- y jI3. ;s +. T:.CUTHBERT It
an ,5 ;ss q +. .s2 Notary Public.
IS 5s.3s;; coWan Issues Order. 81
tS Below will be- found the order made
t1y IND DO rs ot ,. :, - al