Pratt v. Swan
Utah Supreme Court
Appeal from the Third district court, Salt Lake county. A. N. Cherry, Judge. Application by Arthur Pratt for a writ of mandate against George Swan, city auditor of Salt Lake City. A demurrer to the petition was sustained, and the petition dismissed. Plaintiff appeals.
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Appeal from the Third district court, Salt Lake county. A. N. Cherry, Judge. Application by Arthur Pratt for a writ of mandate against George Swan, city auditor of Salt Lake City. A demurrer to the petition was sustained, and the petition dismissed. Plaintiff appeals. This was an application for a writ of mandate against the respondent, auditor of public accounts of Salt Lake City, to compel him to issue his warrant in favor of the relator, on the city treasurer, for a certain sum of money, which, the relator claims, is due him for salary as chief' of police of the city. It is stated in the…
1Opinion of the Court
Bartch, J.,
after a statement of the case as above,’ delivered the opinion of the court:
The most important question to be' determined is whether the office of chief of police is abolished by the Revised Statutes of 1898. Counsel for the appellant maintain that there was no intention on the part of the legislature, in enacting these statutes, to abolish the office; that the same is still in existence; and that the appellant, having been appointed thereto under a tenure during good behavior, is still entitled to hold the same, and receive the emoluments thereof. The respondent contends that the…
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