State v. District Court of Salt Lake County

MOFFAT, Chief Justice.

An alternative writ of prohibition was issued on petition of the State of Utah in this original proceeding to enjoin the District Court of the Third Judicial District and one of the Judges thereof from proceeding in the case of Garrett Transfer and Storage Company, a Corporation, v. The State of Utah.

The case in the district court is to recover taxes paid under protest under a statute which has been declared unconstitutional by the court. Carter et al. v. State Tax Commission et al., 98 Utah 96, 96 P. 2d 727, 126 A. L. R. 1402. By a divided court, the alternative writ…