Legal Opinion

Smyth v. Butters

Utah Supreme Court

Decided September 17, 1910No. 2095PublishedCited by 9 opinions

Appeal from District Court, Second District; Hon. J. A. Howell, Judge. Action by D'. A. Smyth for a writ of mandamus to T. U. Butters and others, as County Commissioners of Morgan County. Judgment for plaintiff. Defendants appeal.

1Opinion of the CourtSteatjp, C. J.

The plaintiff applied to the district court for a writ of mandate to compel the defendants, the county commissioners of Morgan County, to grant him a license to sell intoxicating liquors at retail at Devil’s Slide, in Morgan County. It is alleged in the complaint that on and prior to the 1st day of March, 1909, the plaintiff was engaged in such business at such place pursuant to a license theretofore issued to him by the defendants, and that on the day last named he applied to them for a license to there continue the business, but that they refused to grant it. It is further alleged that the…

2Cases cited25 opinions

  1. Crowley v. ChristensenSupreme Court of the United States · 1890
  2. Malmo's Appeal From County CommissionersSupreme Court of Connecticut · 1899
  3. Barnes v. Commissioners.Supreme Court of North Carolina · 1904
  4. Dunbar v. FrazerSupreme Court of Alabama · 1885
  5. State ex rel. Kelley v. BonnellIndiana Supreme Court · 1889

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3Cited by9 opinions

  1. Riggins v. District Court of Salt Lake CountyUtah Supreme Court · 1935
  2. State Ex Rel. Grimes v. Board of CommissionersNevada Supreme Court · 1931
  3. State Ex Rel. First Presbyterian Church v. FullerSupreme Court of Florida · 1938
  4. State ex rel. Higgins v. City of RacineWisconsin Supreme Court · 1936
  5. Graham v. Ogden Union Ry. & Depot Co.Utah Supreme Court · 1931

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