Legal Opinion

Young v. Cannon

Utah Supreme Court

Decided June 15, 1880PublishedCited by 15 opinions

Original application in tbe Supreme Court, by George Q. Cannon, Brigham Young, Jr., and Albert Carrington, executors of the last, will and testament of Brigham Young, deceased, for a writ of certiorari to review the record of tbe proceedings against them for contempt in the District Court of the Third Judicial District, wherein they were imprisoned by order of the said court.

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Original application in tbe Supreme Court, by George Q. Cannon, Brigham Young, Jr., and Albert Carrington, executors of the last, will and testament of Brigham Young, deceased, for a writ of certiorari to review the record of tbe proceedings against them for contempt in the District Court of the Third Judicial District, wherein they were imprisoned by order of the said court. The executors also filed a petition for writ of habeas corf us at the same time, and both were heard together. The following are the facts necessary to a proper understanding of the decision: On the Idth day of'June, A.…

1Opinion of the Court

Huhteb, C. J.,

delivered tbe opinion of the court:

The plaintiffs, by their counsel, appeared in this court in opposition to said writ of certiorari, and moved to quash the same, upon the ground that this court has no jurisdiction to issue said .writ, or to hear or determine the proceedings herein on certiorari¡ that this court has no original jurisdiction, and no jurisdiction of this case..

Section 433, Compiled Laws, p. 521, provides: The writ of certioram, may be denominated the writ of review.

Section 434 provides: That this writ may be granted on application by any court of this Territory,…

2Cited by15 opinions

  1. Robertson v. StateAlabama Court of Appeals · 1924
  2. Ex Parte LandryCourt of Criminal Appeals of Texas · 1912
  3. State v. RootNorth Dakota Supreme Court · 1896
  4. State v. McGaheyNorth Dakota Supreme Court · 1904
  5. Thomas v. PeopleSupreme Court of Colorado · 1890

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