Tanner v. Nelson
Utah Supreme Court
Appeal from tbe Third District Court, Salt Lake County.— Hon. W. G. Hall> Judge. Bill in equity to restrain the defendant from entering into contracts with certain publishing houses for the future use of certain text-books in the district schools of the State of Utah. Erom a decree perpetually enjoining the defendant, he appealed. The appellant first contends that the executive of the. State can never be interfered with by the court of chancery.
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Appeal from tbe Third District Court, Salt Lake County.— Hon. W. G. Hall> Judge. Bill in equity to restrain the defendant from entering into contracts with certain publishing houses for the future use of certain text-books in the district schools of the State of Utah. Erom a decree perpetually enjoining the defendant, he appealed. The appellant first contends that the executive of the. State can never be interfered with by the court of chancery. Bancroft v. Thayer, 5 Sawyer 502; Western By. Co-, v. De-Graff, 27 Minn. 3; State of Mississippi v. Johnson, 4 Wall.. 501; Dickey et al. v. Seed et…
1Opinion of the CourtMcCARTY, District Judge
Appellant’s first contention is that the .convention, was a body of public officers of mixed powers, possessing and exercising legislative, executive, and judicial functions; 1 hence it cannot be restrained by injunction, or its acts and proceedings collaterally attacked; and that respondent’s remedy, if he has any, is by writ of certiorari. The convention is not a party to the suit, and is not before the court. The action is brought to enjoin a public officer from performing ah act, the legality of which depends upon the regularity of the proceedings of the convention. This being so, the…
2Cases cited12 opinions
- Lau Ow Bew v. United StatesSupreme Court of the United States · 1892
- Smith v. . the PeopleNew York Court of Appeals · 1872
- Board of Liquidation v. McCombSupreme Court of the United States · 1876
- Union Pacific Railroad v. United StatesSupreme Court of the United States · 1878
- People Ex Rel. Westchester Fire Insurance v. DavenportNew York Court of Appeals · 1883
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3Cited by9 opinions
- Board of Education of the Granite School District v. Salt Lake CountyUtah Supreme Court · 1983
- Sjostrom v. BishopUtah Supreme Court · 1964
- State ex rel. Wight v. Park City School District No. 12Utah Supreme Court · 1913
- Newell v. Franklin, CommissionersSupreme Court of Rhode Island · 1910
- Tooele Bldg. Ass'n v. Tooele High School Dist. No. 1Utah Supreme Court · 1913
4 more not listed; retrieve them via the Exa API.