State ex rel. Weber v. Beardsley
Utah Supreme Court
Appeal from the Second district court, Weber county, Hon. H. H. Rolapp, Judge. Quo warranto by the State, by A. J. Weler, county attorney, on information of Richard T. Hume, against Willis L. Beardsley, appointed to the office of city auditor for Ogden City in 1894. On the third Monday in January, 1896, the mayor notified the city council of bis appointment of Bichard. T. Hume to the said office of auditor.
Read the full summary
Appeal from the Second district court, Weber county, Hon. H. H. Rolapp, Judge. Quo warranto by the State, by A. J. Weler, county attorney, on information of Richard T. Hume, against Willis L. Beardsley, appointed to the office of city auditor for Ogden City in 1894. On the third Monday in January, 1896, the mayor notified the city council of bis appointment of Bichard. T. Hume to the said office of auditor. The city council having refused to confirm the said Hume as auditor tbis action was brought to oust and exclude from office the said Beardsley, who claimed the right to bold over by virtue…
1Opinion of the Court
Zane, C. J.:
This is a quo warranto proceeding in the name of the State of Utah, by the attorney of Weber county, to test *504the title of defendant Beardsley to the office of auditor of public accounts of Ogden City, in that county. It appears that the defendant was appointed to the office and duly qualified on the 12 th day of February, 1894, that he entered upon the discharge of its duties on the same day, and that he is still in office.
The plaintiff insists that the title of defendant Beardsley terminated on the 11th day of February* 1896, while Beardsley claims title until the appointment and…
2Cases cited3 opinions
- People ex rel. Garmo v. BartlettNew York Supreme Court · 1831
- State ex rel. Bishop v. McNallyUtah Supreme Court · 1896
- Whipple v. HendersonUtah Supreme Court · 1896
3Cited by3 opinions
- Boaz v. SwinneySupreme Court of Kansas · 1909
- State ex informatione Crow v. LundSupreme Court of Missouri · 1902
- Taylor v. GundersonUtah Supreme Court · 1944