Legal Opinion

Jenkins v. State

Utah Supreme Court

Decided September 22, 1978No. 16034PublishedCited by 31 opinions

1Opinion of the Court

MAUGHAN, Justice:

Before us is a summary judgment in favor of plaintiff, who appeared pro se in the trial court.

The court held:

1. It had jurisdiction.

2. Plaintiff had standing.

3. The Forty Second, 1977-78 Utah Legislature was already seated, and is a de facto legislature.

4. All laws enacted by the 1977-78 legislature are valid, and monies collected by that body need not be returned to the people.

5.Administrators and teachers employed by Utah Public School System hold a public office of profit or trust, and thus may not be members of the Utah Legislature; because such would" be in violation of…

2Cases cited6 opinions

  1. Powell v. McCormackSupreme Court of the United States · 1969
  2. State Ex Rel. Sego v. KirkpatrickNew Mexico Supreme Court · 1974
  3. State Ex Rel. O'Connell v. DubuqueWashington Supreme Court · 1966
  4. State Ex Rel. Jones v. LockhartArizona Supreme Court · 1953
  5. Hayes v. GillHawaii Supreme Court · 1970

1 more not listed; retrieve them via the Exa API.

3Cited by31 opinions

  1. State ex rel. Ohio Academy of Trial Lawyers v. ShewardOhio Supreme Court · 1999
  2. Jenkins v. SwanUtah Supreme Court · 1983
  3. City of Chattanooga v. DavisTennessee Supreme Court · 2001
  4. State Ex Rel. Howard v. Oklahoma Corp. CommissionSupreme Court of Oklahoma · 1980
  5. Redwood Gym v. Salt Lake County CommissionUtah Supreme Court · 1981

26 more not listed; retrieve them via the Exa API.

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