Connell v. Tooele City

WILKINS, Justice:

Plaintiff appeals from an order of the District Court for Tooele County denying his motion for partial summary judgment on the issue of liability and dismissing his complaint. All statutory references are to Utah Code Ann., 1953.

Plaintiff alleges in his complaint and his affidavit filed under the provisions of Rule 56, U.R.C.P., that he was issued a citation for speeding, which was entered on the docket books of Tooele City Court in two different places and given two separate case numbers. Subsequently, plaintiff was found guilty of the offense and fined $15, which plaintiff…