Legal Opinion

Whipple v. Henderson

Utah Supreme Court

Decided June 5, 1896No. 697PublishedCited by 1 opinion

Appeal from the district court, Weber county. Hon. H. H. Rolapp, Judge. Action by R. H. Whipple against H. H. Henderson for usurpation of office, viz.: That of city attorney of Ogden city. From a judgment on the demurrer in fayor of defendant, plaintiff appeals.

1Opinion of the Court

Zane, C. J.:

This action was brought to determine the title to the office of attorney iof Ogden City. The plaintiff was appointed to the office on the 14th day of January, 1894, qualified, and entered upon the discharge of its duties on the next day, and continued to discharge them until the defendant was oppointed, qualified, commissioned, and took possession, on the 26th day of January, 1896. Under the territorial law, the plaintiff’s term would have expired on the 14th day of that month, but the territorial government was superseded by the State of Utah on the 4th day of the same month. The…

2Cases cited1 opinion

  1. State ex rel. Bishop v. McNallyUtah Supreme Court · 1896

3Cited by1 opinion

  1. State ex rel. Weber v. BeardsleyUtah Supreme Court · 1896

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