Skeen v. Browning
Utah Supreme Court
Appeal from District Court, Second District; before Justice Geo. G. Armstrong. Proceedings by J. D. Skeen against Thomas E. Browning. From an adverse judgment, plaintiff appeals. APPELLANT'S POINTS. An office is distinct from its incumbent and exists independent of the resignation or death of the latter. (6 Cur, Law, p. 842. Dull v. Mammoth Min. Go., 28 Utah 467, 79 Pac. 1050; Patton v. Board of Health, 127 Cal. 388, 78 Am.
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Appeal from District Court, Second District; before Justice Geo. G. Armstrong. Proceedings by J. D. Skeen against Thomas E. Browning. From an adverse judgment, plaintiff appeals. APPELLANT'S POINTS. An office is distinct from its incumbent and exists independent of the resignation or death of the latter. (6 Cur, Law, p. 842. Dull v. Mammoth Min. Go., 28 Utah 467, 79 Pac. 1050; Patton v. Board of Health, 127 Cal. 388, 78 Am. S. R. 66, and note.) “A public officer is one who ha3 some duty to perform concerning the public, and he is not the less a public officer wbeu bis duty is confined to…
1Opinion of the CourtErick, J.
The plaintiff instituted these proceedings in the district court of Weber county, Utah, against the defendant, as chief of police of Ogden City, to remove him from such office under section 4580, Rev. St. 1898. Various acts are set *166forth in the information or complaint charging the defendant with both willful and negligent disregard of official duties imposed by the ordinances of Ggden City. In view of the conclusion reached it is not deemed necessary to state the charges preferred in the complaint. The defend ant appeared to the complaint and filed a general demurrer, in which he also sets…
2Cases cited6 opinions
- Macklot v. City of DavenportSupreme Court of Iowa · 1864
- Skeen v. CraigUtah Supreme Court · 1906
- Christy v. the City of KingfisherSupreme Court of Oklahoma · 1904
- Cones v. WardSupreme Court of Missouri · 1871
- Skeen v. ChambersUtah Supreme Court · 1906
1 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Hanchett v. BurbidgeUtah Supreme Court · 1921
- Sheriff of Salt Lake County v. Board of Com'rsUtah Supreme Court · 1928
- Ward v. Richfield CityUtah Supreme Court · 1984
- Thompson v. Civil Service Commission of Provo CityUtah Supreme Court · 1943
- Glen v. ParkUtah Supreme Court · 1916
1 more not listed; retrieve them via the Exa API.