People of the Territory ex rel. Haller v. Clayton
Utah Supreme Court
ORIGINAL proceedings in mandamus against Nepbi ~VY. Clayton, auditor of tbe territory of Utab; defendant moved tbe court to quasb tbe alternative writ of mandamus.
1Opinion of the Court
Zane, C. J.:
The defendant moves tbe court to quash the alternative writ of mandamus issued in this case. It is alleged in the petition that the relator, S. C. Haller, was entitled to receive from the territory the fees due him as a witness before the grand jury; that the defendant, the auditor of the territory, refused to audit them, for the reason that a statute made it the duty of a court commissioner to audit and pay the claim; that said law purports to have been approved March 8, 1888; but that the same in fact was not passed or approved until the 10th day of that month; and that the…
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