Salt Lake City Water & Electrical Power Co. v. Salt Lake City
Utah Supreme Court
Original petition for a writ of certiorari by Salt Lake City against tbe Salt Lake City Water & Electrical Power Company to review tbe proceedings of tbe Third District Court, Hon. O. W. Morse, Judge, in an action pending between respondents and petitioners. Tbe statute authorizing possession is unconstitutional.
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Original petition for a writ of certiorari by Salt Lake City against tbe Salt Lake City Water & Electrical Power Company to review tbe proceedings of tbe Third District Court, Hon. O. W. Morse, Judge, in an action pending between respondents and petitioners. Tbe statute authorizing possession is unconstitutional. Section 3597 of tbe Revised Statutes, wbicb is relied upon to support tbe action of tbe court below, is unconstitutional and void, in so far as it authorizes tbe taking of possession of property upon tbe giving of a bond, because a bond is not compensation, nor tbe equivalent…
1Opinion of the CourtBartoh, J.
The petitioners made application to this court for a writ of certiorari commanding one of the judges *291of the district court of tbe Third judicial district to certify to the Supreme Court a complete transcript of the record and proceedings relating to the granting of a certain motion by the district court made in a certain action pending in that 1 court. An order to show cause why the writ should not issue was made, and thereupon the record referred to was duly certified to this court, and the questions presented may thus be considered upon their merits.
It appears from the certified record that…
2Cases cited16 opinions
- Cherokee Nation v. Southern Kansas Railway Co.Supreme Court of the United States · 1890
- Backus v. Fort Street Union Depot Co.Supreme Court of the United States · 1898
- Sweet v. RechelSupreme Court of the United States · 1895
- Walther v. WarnerSupreme Court of Missouri · 1857
- Gilbert v. Board of Police & Fire CommissionersUtah Supreme Court · 1895
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3Cited by8 opinions
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- Southern N.E. Ry. Co. v. ShuttleworthSupreme Court of Rhode Island · 1915
- Griffiths v. Justice's CourtUtah Supreme Court · 1909
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