State v. Booth
Utah Supreme Court
Original application in this court for a writ of mandamus to compel the judge of the Fourth District Court to reinstate a certain cause, by him dismissed and proceed with the trial of said cause on its merits. STATEMENT OE EAOTS. It appears from the petition that in September, 1895, in the Third Judicial District Court, of the late Territory of Utah, an indictment was returned charging one George Bates with the crime of murder in the second degree.
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Original application in this court for a writ of mandamus to compel the judge of the Fourth District Court to reinstate a certain cause, by him dismissed and proceed with the trial of said cause on its merits. STATEMENT OE EAOTS. It appears from the petition that in September, 1895, in the Third Judicial District Court, of the late Territory of Utah, an indictment was returned charging one George Bates with the crime of murder in the second degree. In April, 1896, after Utah had been admitted as a State, Bates was tried for that offense in Tooele County, by a jury of eight persons against the…
1Opinion of the CourtBartch, C. J.
The defendant contends that the demurrer should be sustained, and the writ quashed for the reason that the plaintiff has a plain, speedy, and adequate remedy in the ordinary course of law, maintaining that the order, dismissing the case and releasing the bail, was a final judgment, from which under our constitution the State has the right to appeal.
We are of the opinion that this contention is well founded.
In Sec. 9, Art. 8, Const., it is provided: “From all final judgments of the district courts, there shall be a right of appeal to the supreme court.” .Here is a plain and express provision…
2Cases cited17 opinions
- In Re Pennsylvania Co.Supreme Court of the United States · 1890
- Bowie v. City of KansasSupreme Court of Missouri · 1873
- Ex Parte Railway CompanySupreme Court of the United States · 1881
- People ex rel. Doughty v. Judges of Dutchess C. P.New York Supreme Court · 1839
- Ex Parte HoardSupreme Court of the United States · 1882
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3Cited by6 opinions
- People v. GarciaAppellate Division of the Superior Court of California · 1931
- Bernard v. AtteburyUtah Supreme Court · 1981
- State v. McKennaUtah Supreme Court · 1902
- Bankers' Commercial Security Co. v. District Court of Box Elder CountyUtah Supreme Court · 1922
- Salt Lake City v. NewmanCourt of Appeals of Utah · 2005
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