Pleasant Grove City v. Holman
Utah Supreme Court
Appeal from the District Court Sevier Comity, Hon. William McCarty, Judge. Action by Pleasant Grove City, a corporation, against Artemas Holman to recover a water tax levied by the city corporation. Action certified to the district court where judgment was rendered against defendant. Defendant appeals.
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Appeal from the District Court Sevier Comity, Hon. William McCarty, Judge. Action by Pleasant Grove City, a corporation, against Artemas Holman to recover a water tax levied by the city corporation. Action certified to the district court where judgment was rendered against defendant. Defendant appeals. Under section 3543 Compiled Laws of Utah 1888 a justice has power to transfer the cause only after the filing of a verified answer containing matter involving the legality of a tax, or setting up some other ground contained in said section, and only from the time of the filing of such pleadings…
1Opinion of the CourtMiner, J.
This action was brought in a justice’s court to recover a water tax levied by the city corporation. The defendant filed an answer denying the plaintiff’s right to control, regulate, or distribute the water, or to collect the tax in question. By the answer the validity of the tax was brought in question. The answer, however, was not verified as required by the statute. Without proceeding to a trial or hearing of the cause, the justice certified all the proceedings to the district court under Sec. 3543, C. L. U. 1888, which provides that, if it appear from the answer of the defendant, verified…
2Cases cited4 opinions
- Langford v. MonteithSupreme Court of the United States · 1880
- People ex rel. Ducheneau v. Hiram HouseUtah Supreme Court · 1886
- Williams v. MecartneyCalifornia Supreme Court · 1886
- Willard City v. WoodlandUtah Supreme Court · 1891
3Cited by1 opinion
- Wilson v. CunninghamUtah Supreme Court · 1901