State v. Elliott
Utah Supreme Court
Appeal from the district court, Third district, county of Salt Lake. Hon. John A. Street, Judge. This was a proceeding in mandamus, wherein a complaint was filed by a relator, Benjamin T. Lloyd, against defendant to oust the latter from the office of city councilman to which he had been appointed by the city council. A demurrer was interposed and overruled. A judgment was then rendered upon the demurrer in favor of the relator and an appeal was taken therefrom.
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Appeal from the district court, Third district, county of Salt Lake. Hon. John A. Street, Judge. This was a proceeding in mandamus, wherein a complaint was filed by a relator, Benjamin T. Lloyd, against defendant to oust the latter from the office of city councilman to which he had been appointed by the city council. A demurrer was interposed and overruled. A judgment was then rendered upon the demurrer in favor of the relator and an appeal was taken therefrom. We contend that on the facts in this case the decision of the question lies wholly with the city council, and not with the courts.…
1Opinion of the Court
Bartch, J.:
This was a proceeding by information in the nature of quo toarranlo, at the relation of Benjamin T. Lloyd. The information states, substantially, that at the election in November, 1893, one'Joseph M. Watson was duly elected to the office of councilman in Salt Lake City, which is a city of the first class, for a term of two years, and until his successor should be elected and qualified; that thereafter, being in all respects eligible to fill the office, said Watson duly qualified, entered upon, and discharged the duties thereof, until his death, which occurred on the 14th day of…
2Cases cited5 opinions
- People v. OsborneSupreme Court of Colorado · 1884
- People v. BissellCalifornia Supreme Court · 1874
- People ex rel. Murphy v. HardyUtah Supreme Court · 1892
- Deuel v. HigginsMichigan Supreme Court · 1861
- People ex rel. Bynon v. PageUtah Supreme Court · 1890
3Cited by8 opinions
- Ballantyne v. BowerWyoming Supreme Court · 1909
- State Ex Rel. Stain v. ChristensenUtah Supreme Court · 1934
- Markham v. CornellSupreme Court of Kansas · 1933
- Sweeney v. StateArizona Supreme Court · 1922
- Townsley v. HartsfieldSupreme Court of Arkansas · 1914
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