People ex rel. Dickson v. Clayton
Utah Supreme Court
Appeal from a judgment of the district court of the third district ousting appellant from the office of auditor of public accounts. The complaint is insufficient: Cooley’s Const. Lim., 226 and note; Sanbury, etc., B. B. ■ Co. v. Cooper, 83 Pa. St., 278; JEx parte, Newman, 9 Cal., 502; People v. Draper, 15 N. Y., 545; Wright v. Defrees, 8 Ind., 302; Doyle v. Continental Ins.
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Appeal from a judgment of the district court of the third district ousting appellant from the office of auditor of public accounts. The complaint is insufficient: Cooley’s Const. Lim., 226 and note; Sanbury, etc., B. B. ■ Co. v. Cooper, 83 Pa. St., 278; JEx parte, Newman, 9 Cal., 502; People v. Draper, 15 N. Y., 545; Wright v. Defrees, 8 Ind., 302; Doyle v. Continental Ins. Co., 94 N S., 535. The only allegation which asserts the defendant’s present possession of the office is in these words: “And ever since that time, he has and does still hold and exercise the functions of said office,…
1Opinion of the Court
Powers, J.:
Tliis is a proceeding in tbe nature o£ a quo warranto to determine tbe right of tbe appellant to tbe office of auditor of public accounts for tbe territory of Utah. Tbe complaint alleges that “in tbe year A. D. 1879, tbe said defendant, Nephi W. Clayton, did usurp and intrude into tbe office of auditor of public accounts in and for tbe said territory of Utah; and ever since that time be lias, and does still, bold and exercise tbe functions of said office without authority of law therefor.” The complaint further states that “on tbe twenty-fifth day of January, A. D. 1886, and during…
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