Legal Opinion

Dull v. Mammoth Mining Co.

Utah Supreme Court

Decided March 10, 1905No. 1590PublishedCited by 2 opinions

Appeal from the Third District Court, Salt Late County. — Hon. T. W. Stewart, Judge. Action to recover a certain sum alleged to be due for services rendered in reporting and transcribing the proceedings upon the trial of an action. Prom a judgment in favor of the plaintiff, the defendants appealed.

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Appeal from the Third District Court, Salt Late County. — Hon. T. W. Stewart, Judge. Action to recover a certain sum alleged to be due for services rendered in reporting and transcribing the proceedings upon the trial of an action. Prom a judgment in favor of the plaintiff, the defendants appealed. But if it were true that the contract to pay fifteen cents a folio for a transcript of the testimony had been made either with McIntyre or through Mr. Zané and the same had been authorized by the Mammoth Mining Company, yet it was a contract against public policy and void, because it was an…

1Opinion of the Court

McCARTY, J..,

after stating the facts, delivered the opinion of the court.

The first question presented for our consideration by this appeal is, was respondent, while in the discharge of the duties imposed upon him as offical stenographer a public officer? We think this question must be answered in the affirmative. The statute provides that ‘ ‘ the judge of a district court may employ and contract with a stenographer to report the proceedings of such court in the manner and under the limitations ’ ’ therein provided. The statute prescribes the duties of the stenographer, and further provides…

2Cases cited1 opinion

  1. Haddock v. Salt Lake CityUtah Supreme Court · 1901

3Cited by2 opinions

  1. State ex rel. Davis v. EdwardsUtah Supreme Court · 1908
  2. Smith v. WilsonUtah Supreme Court · 1978

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