United States v. Averill
Utah Supreme Court
Appeal from a judgment of the district court of the third district, sustaining a demurrer to the complaint. The facts are stated in the opinion. Cited: Potter’s Dwarris, p. 218; Decisions of Comptroller, 3 Lawrence, 154; U. 8. v. Hartwell, 6 Wall., 393; U. 8. v. Waitz, 3 Sawy., 475; Ex parte Hennen, 13 Pet., 259.
1Opinion of the Court
Boreman, J.:
This is an action brought by the United States against Oscar J. Averill and his sureties on his official bond .as clerk of the third district court of this territory, to recover certain balances of the fees and emoluments of his office in excess of the yearly limit of three thousand five hundred dollars, claimed to be fixed by United States statutes. To the complaint a demurrer was filed to each count alleging that the same did not state facts sufficient to constitute a cause of action. The demurrer was sustained. The objection under this demurrer, that the statements relative to…
2Cases cited2 opinions
- United States v. MorseU.S. Circuit Court for the District of Maine · 1844
- United States v. BassettU.S. Circuit Court for the District of Massachusetts · 1843
3Cited by4 opinions
- United States v. McMillanSupreme Court of the United States · 1897
- Pueblo v. RodríguezSupreme Court of Puerto Rico · 1924
- Furnia v. Grays Harbor CountyWashington Supreme Court · 1930
- People v. RodríguezSupreme Court of Puerto Rico · 1924