Crooks v. Fourth Judicial District Court of Utah
Utah Supreme Court
Basein, J., dissenting.2 Original application for a writ of certiorari to review the action of the Fourth Judicial District Court in dismissing a certain appeal. It is argued that Sec. 9, of Art. 8, of our constitution, prohibits the supreme court from reviewing any action of the district, no matter how wrongful, illegal, or arbitrary, if it concerns matters arising in justice’s courts.
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Basein, J., dissenting.2 Original application for a writ of certiorari to review the action of the Fourth Judicial District Court in dismissing a certain appeal. It is argued that Sec. 9, of Art. 8, of our constitution, prohibits the supreme court from reviewing any action of the district, no matter how wrongful, illegal, or arbitrary, if it concerns matters arising in justice’s courts. We deny this proposition, but concede that with reference to those matters properly before the district court, from the lower court, and of which it has jurisdiction, its action, when conformable to law and…
1Opinion of the CourtBaktch, C. J.
This is an application, original in this court, of the plaintiff for a writ of certiorari to review the action of the Fourth Judicial District Court, in dismissing an appeal. A writ was issued ex pa/rte, and the matter has been submitted for decision.
Among other things, it appears from the petition that the Chipman Mercantile Company brought an action against the plaintiff herein and James Crooks, before a justice of the peace. After trial, the justice entered judgment against the defendants. Thereupon the plaintiff herein appealed from that judgment to the district court, and the Mercantile…
2Cases cited5 opinions
- Eureka City v. WilsonUtah Supreme Court · 1897
- Buckley v. Superior CourtCalifornia Supreme Court · 1892
- History Co. v. LightCalifornia Supreme Court · 1892
- State ex rel. Hamilton v. Superior CourtWashington Supreme Court · 1894
- Warner v. CowieWashington Supreme Court · 1896
3Cited by13 opinions
- Golden Gate Tile Co. v. Superior Court, in & for City of S.F.California Supreme Court · 1911
- Oregon Short Line R. v. District Court of Third Judicial DistrictUtah Supreme Court · 1906
- Andrews v. CookNevada Supreme Court · 1905
- Hansen v. AndersonUtah Supreme Court · 1900
- Smith v. District Court of the Second Judicial DistrictUtah Supreme Court · 1901
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