State ex rel. Hall v. Howell
Utah Supreme Court
Appeal from tlie Second District Court, .Weber County. — Hon. H. H. 'Bolapp, Judge.' Action by the State of Utah on tbe relation of Joseph Hall against Albert J. Howell to determine the right of said Howell to exercise, as judge of the municipal court of Ogden City, the jurisdiction conferred by chapter 112, page 117, Laws of Utah 1901. From a judgment dismissing the complaint, the relator appealed.
1Opinion of the CourtBaskin, C. J.
Section 3613, Revised Statutes 1898, provides that: “A person claiming to be entitled to a public office unlawfully held and exercised by another, may, by himself or by an attorney and counselor at law, bring an action therefor .'. . such person shall enter into an undertaking with two sufficient sureties, to be approved by the judge or any judge of the court in which the action is brought, conditioned that such person will pay any judgment for costs or damages recovered against him, and all costs and expenses incurred in the prosecution of the action, which undertaking shall be filed with…
2Cases cited7 opinions
- Ex Parte ParksSupreme Court of the United States · 1876
- Kilgore v. MageeSupreme Court of Pennsylvania · 1877
- Barkley v. Levee CommissionersSupreme Court of the United States · 1876
- In re BulgerCalifornia Supreme Court · 1873
- People ex rel. Fowler v. BrownIllinois Supreme Court · 1876
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3Cited by1 opinion
- Nystrom v. ClarkUtah Supreme Court · 1904