Peterson v. Benson
Utah Supreme Court
Appeal from District Court, First District; Hon. W. W. Mcmghan> Judge. Application by Niels Peterson for a writ of mandate requiring Mae Benson, as Recorder of Logan City, to draw a warrant in favor of applicant. Judgment dismissing petition. Applicant appeals. STATEMENT OE PACTS.
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Appeal from District Court, First District; Hon. W. W. Mcmghan> Judge. Application by Niels Peterson for a writ of mandate requiring Mae Benson, as Recorder of Logan City, to draw a warrant in favor of applicant. Judgment dismissing petition. Applicant appeals. STATEMENT OE PACTS. Niels C. Peterson, appellant, applied to the district court of Cache County for a writ of mandate requiring the recorder of Logan City to draw a warrant in his favor upon the treasurer of said city for the sum of eighty-three dollars and thirty-three and one-third cents alleged to be due him for salary earned as…
1Opinion of the CourtMcCAETY, J.
(after stating tbe facts as above).
Eespondent contends, first, tbat tbe period of time elapsing from January 3, 1910, tbe date upon which tbe officers of Logan City elected in 1909 were installed in office, until March 1, 1910, was a part and a continuation of tbe term of office to which appellant was elected in November, 1901, and tbat the tenure of bis office and tbe emoluments thereof were as fixed by law at tbe time be qualified and entered upon tbe duties of tbe office, January 6, 1908; and, second, “tbat so much of tbe ordinance passed October 1, 1909 (mentioned in tbe foregoing…
2Cases cited5 opinions
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- Dickerson v. City of ButlerMissouri Court of Appeals · 1887
3Cited by16 opinions
- State Ex Rel. Stain v. ChristensenUtah Supreme Court · 1934
- Hulbert v. CraigNew York Supreme Court · 1925
- State Ex Rel. Baca v. OteroNew Mexico Supreme Court · 1928
- State Ex Rel. Smith v. TazwellOregon Supreme Court · 1941
- Fowler v. GillmanUtah Supreme Court · 1930
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