Godbe v. City of Salt Lake
Utah Supreme Court
This is a suit in equity, brought originally in this court. In his bill the Plaintiff alleges that he is a druggist by occupation, and carries on the business of a wholesale and retail druggist in the City of Salt Lake; and the Defendant is a corporation; that by virtue of an ordinance of said Defendant, passed October 27th, A. D. 1866, entitled, “An Ordinance relating to License for the the Manufacture and Sale of Spirituous, Yinous and Fermented Liquors,” the said City of…
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This is a suit in equity, brought originally in this court. In his bill the Plaintiff alleges that he is a druggist by occupation, and carries on the business of a wholesale and retail druggist in the City of Salt Lake; and the Defendant is a corporation; that by virtue of an ordinance of said Defendant, passed October 27th, A. D. 1866, entitled, “An Ordinance relating to License for the the Manufacture and Sale of Spirituous, Yinous and Fermented Liquors,” the said City of Salt Lake assumes the authority to impose upon the Plaintiff, in addition to his license as a druggist aforesaid,…
1Opinion of the Court
McKean, C. J.,
delivered'the Opinion of the Court.
The Defendent objects that this is not one of the class of cases in which an injunction may issue to prevent a multiplicity of suits, and cites Daniels’ Chancery Pleadings and Practice, 3 vol, 1721; Story’s Equity Pleading, 553; Story’s Eq. Juris, 2 vol., sec. 893-8; Adams’ Eq., 439, 440-2. Without pausing to consider this point, let us proceed at once to the question of the original jurisdiction of this court.
In the case of Kerr v. Wooley, decided by this Court when Chief Justice Titus and Associate Justices Drake and McCurdy sat on this…
2Cited by2 opinions
- Ex parte CoxSupreme Court of Florida · 1902
- State Ex Rel. Brett v. KennerSupreme Court of Oklahoma · 1908