Everill v. Swan
Utah Supreme Court
Appeal from the Third District Court, Salt Lake County, Hon. A. N. Cherry, Judge. Application for a writ of mandamus against the city auditor to compel him to draw his warrant for the salary due petitioner and his assignors as policemen of Salt Lake City, from August 1, 1898, up to and including November 25, 1898. From a judgment in favor of plaintiff defendant appeals. STATEMENT OE FACTS.
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Appeal from the Third District Court, Salt Lake County, Hon. A. N. Cherry, Judge. Application for a writ of mandamus against the city auditor to compel him to draw his warrant for the salary due petitioner and his assignors as policemen of Salt Lake City, from August 1, 1898, up to and including November 25, 1898. From a judgment in favor of plaintiff defendant appeals. STATEMENT OE FACTS. This is an application for a writ of mandamus against the City Auditor of Salt Lake City, to compel him to draw his warrant on the city treasurer of said city for the salary due to the petitioner and his…
1Opinion of the Court 1
After stating the facts,
2Opinion of the Court · MiNEBMiNEB, J.
It appears from the pleadings in this case that this court has heretofore passed upon the right of the plaintiff to recover for services rendered for which this proceeding is brought.
The case of Everill v. Swan, 17 Utah 514 55 P. 68, was an application for a writ of mandamus by the petitioner against the respondent to compel him to draw a warrant in favor of the petitioner for a certain sum claimed to be due him and several others who'had assigned to him their salaries as policemen. The parties were the same in that case as here. In that case the right of the…
3Cases cited13 opinions
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