Reports of Cases Decided in the Supreme Court of the State of Utah (Volume 44)

This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated.1915 Excerpt: ... an owner feels aggrieved, he may appeal from the allowance to the courts. We have no such statute, and therefore the abutting owner has no remedy except through an independent action. The payment of the special tax, therefore, cannot affect his right to bring and maintain an action to recover such damages as under all the circumstances he may be entitled to in accordance with the doctrine herein stated. While there are other questions argued by appellant's counsel, yet, in our judgment, all have been sufficiently answered by what has already been said. The judgment is therefore reversed, and the cause is remanded to the district court, with directions to grant a new trial, and to proceed with the case in accordance with the views herein expressed. Appellant to recover costs. McCARTY, C. J., and STRAUP, J., concur. STATE v. MORGAN, District Judge. No. 2568. Decided February 25, 1914 (140 Pac. 218). Justices Of The Peace--Trans Fer To Another Justice--Effect Of Affidavit Of Prejudice. Under Comp. Laws 1907, section 5132, relative to criminal cases before Justices, providing that, where tk defendant files an affidavit that he cannot have a fair trial before the justice, because of his bias or prejudice, the case must be transferred to another justice, the filing of a sufficient affidavit does not deprive the justice of jurisdiction, but his refusal of the change and proceeding with the trial is only error; so that, on appeal, the district court has jurisdiction, and, under sections 5165, 5167, should try the case de novo. Mandamus by the State against A. B. Morgan, District Judge. Writ Issued. 1 State ex rel. Gallagher v. District Court, 36 Utah, 68, 104 Pac 750. J. H. McDonald, District Attorney, and Grant C. Bagley, County Attorney, for the State. Jacob Evan...