People ex rel. Murphy v. McAllister
Utah Supreme Court
Appeal from tbe District Court of the Third Judicial District, Hon. S. A. Merritt, Judge. Action in tbe nature of a quo warranto, at the relation of Walter Murphy, county attorney, on the complaint of Alma S. Kendall against James G. McAllister to test the right of the latter to hold the office of inspector of provisions for Salt Lake City. From a judgment sustaining a demurrer to the complaint and dismissing the same,, plaintiff appeals.
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Appeal from tbe District Court of the Third Judicial District, Hon. S. A. Merritt, Judge. Action in tbe nature of a quo warranto, at the relation of Walter Murphy, county attorney, on the complaint of Alma S. Kendall against James G. McAllister to test the right of the latter to hold the office of inspector of provisions for Salt Lake City. From a judgment sustaining a demurrer to the complaint and dismissing the same,, plaintiff appeals. Appellant contends that neither the mayor nor the city council can amove the inspector of provisions of Salt Lake City, TJtah, during the term for which he…
1Opinion of the Court
BaetcHj J.:
This is an action in the nature of quo warranto, brought under chapter o, 1 Comp. Laws Utah 1888, p. 337, to test the right of the respondent to hold the office of inspector of provisions for Salt Lake City, and to discharge the duties and receive the emoluments thereof. The defendant demurred to the complaint on the ground that it did not state facts sufficient to constitute a cause of action. After arguments of counsel the demurrer was sustained, and, the plaintiff electing to stand by his complaint, judgment was entered in favor of the defendant. From this judgment the plaintiff…
2Cases cited8 opinions
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- United States v. ClaflinSupreme Court of the United States · 1878
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