Everill v. Swan
Utah Supreme Court
Appeal from the district court, Salt Lake county, Hon. A. N. Cherry, Judge. Application of plaintiff for a writ of mandamus against defendant as city auditor of Salt Lake City to compel him to draw his warrant for salary due the petitioner and his assignors. From a judgment denying the writ, plaintiff appeals. The question here presented has already been fully settled by the express language of this court. Pratt v. Swan, 52 Pac.
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Appeal from the district court, Salt Lake county, Hon. A. N. Cherry, Judge. Application of plaintiff for a writ of mandamus against defendant as city auditor of Salt Lake City to compel him to draw his warrant for salary due the petitioner and his assignors. From a judgment denying the writ, plaintiff appeals. The question here presented has already been fully settled by the express language of this court. Pratt v. Swan, 52 Pac. Eep. 1092. This court has held that a discretion vested in a city government is not a mere arbitrary discretion, but a discretion exercised for reason and upon cause.…
1Opinion of the Court
Babtch, J.:
This was -an application for a writ of mandamus against respondent, city ^auditor of Salt Lake City, to compel him to draw his warrant on the city treasurer, in favor of the petitioner, for a certain sum of money, which, the petitioner insists, is due him and several others, who have assigned their claims to him, for salaries as policemen of the city.. The court refused to issue the writ or grant any relief. Thereupon the petitioner appealed.
It appears that these policemen were appointed to their officers prior to the 1st day of January, 1898, under the acts of 1894, Sess. laws, p.…
2Cases cited4 opinions
- Calwell v. City of BooneSupreme Court of Iowa · 1879
- Pratt v. SwanUtah Supreme Court · 1898
- People ex rel. Murphy v. McAllisterUtah Supreme Court · 1894
- Royce v. Salt Lake CityUtah Supreme Court · 1897
3Cited by5 opinions
- State ex rel. Quintin v. EdwardsMontana Supreme Court · 1908
- Everill v. SwanUtah Supreme Court · 1899
- State ex rel. Barnes v. ShoresUtah Supreme Court · 1916
- Argyle v. WrightUtah Supreme Court · 1924
- Moreton v. SwanUtah Supreme Court · 1899