State v. District Court of Salt Lake County

WOLFE, Justice.

This is an original action before this court on petition of the State of Utah for a writ of prohibition to enjoin the Third Judicial District Court from proceeding in the case of Garrett Transfer & Storage Company, a corporation v. State of Utah, now pending in said lower court. The case in the district court is to recover taxes paid under protest to the state under a statute which has since been declared unconstitutional. In that case summons was served upon the Governor and the Attorney General to effect service on the state. The question raised by the petition before us is…