Burrows v. Kimball
Utah Supreme Court
Appeal from the District Court of the First Judicial District. Hon. J. W. Blackburn, Judge. Action by W. L. Burrows, and others, against Oliver G-. Kimball, and others, for damages and for an injunction to prevent repeated trespasses.
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Appeal from the District Court of the First Judicial District. Hon. J. W. Blackburn, Judge. Action by W. L. Burrows, and others, against Oliver G-. Kimball, and others, for damages and for an injunction to prevent repeated trespasses. From a decree in. favor of plaintiffs, defendants appeal. [It will be seen from the subjoined opinion that tho .court promised to file a more extended opinion giving the-specific grounds upon which the decision is based, but. failed to do so, but on account of the importance of the-question involved, it is deemed well to make known the-decision of the court. The…
1Opinion of the Court
MINER, J.:
In this case the judgment of the court below is reversed ;and a new trial granted on the ground that the territorial legislature has no right to pass the law giving authority to "the county court to lease sections 16 and 36, reserved by the United States for common school purposes, as well as upon the ground that the lease made by the county court •of Emery county to the plaintiff was invalid, even had the statute passed in 1892 been valid, the county court in making its lease having failed to follow the provisions of the law under which the lease was made.
The specific grounds upon…
2Cited by6 opinions
- State ex rel. University of Utah v. CandlandUtah Supreme Court · 1909
- Bateman v. Board of ExaminersUtah Supreme Court · 1958
- Peterson v. BakerWashington Supreme Court · 1905
- Thoreson v. State Board of ExaminersUtah Supreme Court · 1900
- United States v. ElliotUtah Supreme Court · 1895
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