Lyman v. Martin
Utah Supreme Court
Appeal from tbe Third Judicial District Court. The facts appear in the opinion. No brief on file. The question of greatest general importance is as to whether, in any event, the court will look into the Legislative Journal to ascertain whether a law has passed or otherwise? "When an act has passed both branches of the Legislature, it is engrossed under the supervision of a Legislative committee-The fact of its passage is, after its enrollment, further indicated by the…
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Appeal from tbe Third Judicial District Court. The facts appear in the opinion. No brief on file. The question of greatest general importance is as to whether, in any event, the court will look into the Legislative Journal to ascertain whether a law has passed or otherwise? "When an act has passed both branches of the Legislature, it is engrossed under the supervision of a Legislative committee-The fact of its passage is, after its enrollment, further indicated by the signatures of the presiding officers of both houses, so authenticated, the act is sent to the Governor, who, without further…
1DissentBokeMAN, J.
The respondent applied to the district court for a mandamus to compel appellant, Martin, clerk of County Court of Tooele County, and the other appellants, as members of the said court, to examine and canvass election returns, and to declare who were elected. A demurrer to the affidavit (treated as a complaint) was overruled, and a demurrer to the answer was sustained. The appellants, electing to stand upon their answer, the court below granted the peremptory mandamus, and therefore appellants brought the case to this court.
*150The right to the mandamus must clearly appear. Under the former…
2Cases cited6 opinions
- Minor v. HappersettSupreme Court of the United States · 1875
- Wilkinson v. LelandSupreme Court of the United States · 1829
- People v. . BoothNew York Court of Appeals · 1865
- Kelly v. OwenSupreme Court of the United States · 1869
- State ex rel. Orton v. McArthurWisconsin Supreme Court · 1868
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