Allen v. Lindbeck, Justice of the Peace

MeDONOUGH, Justice.

This case is heard upon demurrer to an application for a writ of prohibition against the defendant Lindbeck to prevent his proceeding to determine ownership of milk bottles, bearing trade marks, seized pursuant to Section 95-2-10, R. S. U. 1933. The bottles were seized from plaintiff’s milk truck under a search warrant issued by defendant Lindbeck directing seizure of such bottles, which warrant was issued on the basis of the affidavit of a deputy of the Department of Agriculture of the State of Utah.

Plaintiff attacks the jurisdiction of the justice’s court, basing the…