Legal Opinion

Tooele City v. Hoffman

Utah Supreme Court

Decided May 8, 1913No. 2485-6PublishedCited by 7 opinions

Appeal from District Court, Third District; Hon. O. W.. Morse, Judge. Action by Tooele City against Drank Hoffman for violation of municipal ordinance. Defendant’s demurrers were overruled in the Justice Courtbut were sustained on appeal to the District Court. The City appeals.

1Opinion of the CourtStraup, J.

These are two cases by agreement consolidated on this appeal. Tooele City in one of the cases filed a complaint in the justice court charging the defendant with selling intoxicating liquors in violation of a city ordinance prohibiting the sale of liquors; in the other for maintaining a common nuisance, also in violation of the ordinance (section 403) hereafter referred to. The defendant demurred to both complaints, challenging the validity of the ordinance. He was convicted on both charges and' appealed to the district court. There the demurrers were sustained, the actions dismissed, and the…

2Cases cited3 opinions

  1. Laugel v. City of BushnellIllinois Supreme Court · 1902
  2. State v. CrookUtah Supreme Court · 1898
  3. American Fork City v. CharlierUtah Supreme Court · 1913

3Cited by7 opinions

  1. Salt Lake City v. AllredUtah Supreme Court · 1968
  2. Moorehouse v. HammondUtah Supreme Court · 1922
  3. Smith v. Hyde, City MarshalUtah Supreme Court · 1939
  4. Kist v. ButtsNorth Dakota Supreme Court · 1942
  5. Allgood v. LarsonUtah Supreme Court · 1976

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