Skeen v. Craig
Utah Supreme Court
Appeal from District Court, Weber County; J. A. Howell, Judge. Action by J. D. Skeen against William Craig. From a judgment for defendant, plaintiff appeals. APPELLANT'S POINTS. The court erred in sustaining the demurrer of the defendant to the fifth paragraph of the amended complaint.
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Appeal from District Court, Weber County; J. A. Howell, Judge. Action by J. D. Skeen against William Craig. From a judgment for defendant, plaintiff appeals. APPELLANT'S POINTS. The court erred in sustaining the demurrer of the defendant to the fifth paragraph of the amended complaint. There is no distinction between a city councilman refusing and neglecting to investigate and oppose the allowance of improper claims against a city and a ¿sheriff refusing and neglecting to serve a summons. The intent of the legislature was evidently to provide a summary means of removing an unfaithful public…
1Opinion of the CourtMcOARTY, J.
This action was instituted in the district court of Weber county, Utah, by J. D. Skeen, as a taxpayer and a citizen of Ogden City, against William Craig, a member of the city council of Ogden City, to remove the defendant from office, under section 4580, Revised Statutes Utah 1898. The amended complaint alleges that at the time defendant became a member of the city council there was in force an ordinance of Ogden City, entitled “An ordinance fixing the 'salaries of mayor and other officers of Ogden City,” approved October 28, 1899; that said ordinance fixed the compensation of the eouncilmen…
2Cases cited21 opinions
- People v. O'BrienCalifornia Supreme Court · 1892
- Attorney General ex rel. Rich v. JochimMichigan Supreme Court · 1894
- Moore v. StricklingWest Virginia Supreme Court · 1899
- Gardner v. . People of the State of N.Y.New York Court of Appeals · 1875
- Rankin v. JaumanIdaho Supreme Court · 1894
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3Cited by27 opinions
- Atwood v. Cox, District JudgeUtah Supreme Court · 1936
- Meyer v. TunksTexas Supreme Court · 1962
- Maben v. RosserSupreme Court of Oklahoma · 1909
- Law, Co. v. SmithUtah Supreme Court · 1908
- Munk v. FrinkNebraska Supreme Court · 1908
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