Auerbach v. Salt Lake County
Utah Supreme Court
Appeal from tbe Third District Court, Salt Lake County.— Hon. Ogden Hiles, Judge. Action to recover tbe amount of a county warrant issued in payment of furniture alleged to bave been purchased by Salt Lake county.
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Appeal from tbe Third District Court, Salt Lake County.— Hon. Ogden Hiles, Judge. Action to recover tbe amount of a county warrant issued in payment of furniture alleged to bave been purchased by Salt Lake county. Tbe answer denied the making of tbe contract for tbe purchase of furniture and denied tbe delivery of tbe warrant was pursuant to a valid contract, and alleged affirmatively a criminal conspiracy on tbe part of tbe payee in tbe warrant and tbe three selectmen of Salt Lake county, under whose authority tbe warrant was issued. Erom a judgment for plaintiff, defendant appealed. Public…
1Opinion of the Court 1
Having stated the case as above,
2Opinion of the Court · BaetohBaetoh, C. J.
The appellant insists that error was committed in rendering this judgment; that when the court found that the warrant in dispute was void, it followed that the judgment must be for the defendant; and that the only way a county can be made liable at all is expressly by contract made, and liability created, in the manner prescribed by statute; and that no liability as to a county can be implied.
It is true the county court was wholly a creature of statute and, that, as a general proposition, the acts of such a court, and of a board of county commissioners, are…
3Cases cited5 opinions
- Brown v. . the Cayuga and Susquehanna Railroad Co.New York Court of Appeals · 1855
- Shirk v. Pulaski CountyU.S. Circuit Court for the District of Eastern Arkansas · 1877
- Jaquish v. Town of IthacaWisconsin Supreme Court · 1874
- McClure v. JeffersonWisconsin Supreme Court · 1893
- Board of Education v. Salt Lake Pressed Brick Co.Utah Supreme Court · 1896
4Cited by11 opinions
- American Tierra Corp. v. City of West JordanUtah Supreme Court · 1992
- El Rancho Enterprises, Inc. v. Murray City Corp.Utah Supreme Court · 1977
- Dalton v. Salt Lake Suburban Sanitary DistrictUtah Supreme Court · 1984
- Baker Lumber Co. v. A. A. Clark Co.Utah Supreme Court · 1919
- Bridges v. Multnomah CountyOregon Supreme Court · 1919
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