Legal Opinion · Dissent

Salt Lake Lodge No. 85 v. Groesbeck

Utah Supreme Court

Decided December 2, 1911No. 2156Published

Appeal from District Court, Third District; Son. M. L. Bitchie, Judge-. Action by Salt Lake Lodge No. 85, Benevolent and Protective Order of Elks against J. A. Groesbeck, as County Treasurer. Judgment for defendant. Plaintiff appeals. APPELLANT*S POINTS.

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Appeal from District Court, Third District; Son. M. L. Bitchie, Judge-. Action by Salt Lake Lodge No. 85, Benevolent and Protective Order of Elks against J. A. Groesbeck, as County Treasurer. Judgment for defendant. Plaintiff appeals. APPELLANT*S POINTS. Constitution of Utah, article 13, section 3: “That tbe property of tbe United States, of tbe state, counties, cities, towns, school districts, municipal corporations and public libraries, lots with tbe buildings thereon used exclusively for either religious worship or charitable purposes, and places of burial not held or used for private or…

1DissentFrick, C. J.

I dissent, and in doing so I am fully aware of the fact that a dissenting opinion for every practical purpose, is stillborn, and, as a general rule, performs no office except to vindicate the personal views of the writer and incidentally to console the attorney of the.losing party. In view of these self-evident facts, and because the judgment of the majority of the court must prevail, I have always felt it. my duty to defer to the judgment of my associates, and shall continue to do so whenever in my judgment such a course is possible without doing violence to what I consider fundamental…

2Cases cited30 opinions

  1. Yale University v. Town of New HavenSupreme Court of Connecticut · 1899
  2. Morris v. Lone Star Chapter No. 6Texas Supreme Court · 1887
  3. Cosfriff Bros. v. MillerWyoming Supreme Court · 1902
  4. Hibernian Benevolent Society v. KellyOregon Supreme Court · 1895
  5. Philadelphia v. BarberSupreme Court of Pennsylvania · 1894

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