Stinson v. Godbe
Utah Supreme Court
Appeal from District Court, Third District; F. G. Loof-bourow, Judge. Mandamus by R. M. Stinson and Thomas Stockhausen, co-partners doing business as R. M. Stinson & Co. against Frank Godbe, as City Treasurer of Salt Lake City. Judgment for defendant. Plaintiffs appeal.
1ConcurrenceFrick, J.
I concur. At first blush I was of the opinion that the appellants should, prevail. After further consideration and reflection, and after a thorough and careful examination of the state statute and city ordinances, I am forced to the conclusion that the city, through its treasurer, does not possess the power to do what is demanded, and hence cannot be coerced by mandamus to comply with the demand. It is now well settled, in this jurisdiction at least, that mandamus will not lie unless the duty to do the demanded thing is clearly imposed, upon the one hand, and the right to have the thing…
2Cases cited1 opinion
- Lannan v. WaltenspielUtah Supreme Court · 1915