Heath v. Salt Lake City
Utah Supreme Court
Appeal from the Third, district court, Salt Lake county. A. N. Cherry, judge. Action by Horace A. Heath against Salt Lake City. Defendant had judgment, and plaintiff appeals. Police officers are state officers, and not officers of the city. Boyce v. 8. L. Gity (Utah), 49 Pac. 290; IDill. Mun. Cor., Secs. 60, 210 and 975'; 19 Am & Eng. Enc.
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Appeal from the Third, district court, Salt Lake county. A. N. Cherry, judge. Action by Horace A. Heath against Salt Lake City. Defendant had judgment, and plaintiff appeals. Police officers are state officers, and not officers of the city. Boyce v. 8. L. Gity (Utah), 49 Pac. 290; IDill. Mun. Cor., Secs. 60, 210 and 975'; 19 Am & Eng. Enc. Law, 562. T'he mere fact that the legislature has provided that the members of the police department shall be paid by the city does not enlarge the powers of the city, in respect thereto, or authorize it to remove or dismiss any member, or abolish his…
1Opinion of the Court 1
After a statement of the facts, as above,
2Opinion of the Court · BartchBartch, J.
Counsel for the appellant insist that the law respecting police and fire departments gave no authority to remove the appellant, or any other member of the police force, from office, except for cause, and relies upon sections 7, 20, c. 37, p. 33, Sess. Laws 1894. Section 7, among other things, provides: “No officer or member of said departments shall be removed except for cause and after public hearing before said board upon charges made in writing;’’ and section 20 reads as follows: “Except in cases herein otherwise provided no officer or member of…
3Cases cited9 opinions
- Phillips v. . Mayor, Etc., City of New YorkNew York Court of Appeals · 1882
- In re BulgerCalifornia Supreme Court · 1873
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- Westberg v. City of KansasSupreme Court of Missouri · 1877
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