| Show IAMA1UIC AM IU > CH HOASTt nlrNCo o U a Mr LUIle h u u1 Mltllg < 100 l1000lis IceOaf TIle Suprem tourt hnnded down nn opInIon loIn Hatul < lay nftemoon In the rat er Jame G lcA11Itr olpellonl YS CIty Auliitor Ueorge Swan nUlrm log the Judgment of the lower court McAllister was Inspector ot provisions pro-visions for Salt Lake City and In 1810 tha City Council abolished the oilIer Ha brought suit I recover JlOSO back i alary alleging that tho Council had no right to abolish the olllce The opinion Ji I written hy Justice llartch and la I concurred In hy Chief Justice Zone and Justice Miner In pasting upon Iho case the court saya The relator was appointed to the ofllce In January 1891 but this court held that appointment void In I the case of the People va McAllister on the ground that no vacancy existed when It was mode Alma S Kendall was held to be the lawful Incumbent of the ollloe and entitled to dlclmrgo ito dutle and receIve 110 rabOlumecle lkcrcof until IIhtf I luwfolly removed l or ntll tho cxpira l lion of his term and In Kendall vs Ilavbould we held thatnot having been lalrully removed thererromld Ien doll ws entitled to hold the ofllco and receive the emoluments thereof until November 13 1834 and granted him a writ of mandate to compel payment ot the salary to him aceoidlngly It now appears that without any removal re-moval of Kendall and right In the faco of thH decision of the People vs Mc Alliance the Major and CIty Council October 161884 again appointed tIle on 01riI6 faPoPl r relntor I herein to thh chOIce c I This sp polntment was void tee the elmereoo on as the line made In Jnnuary tire vlouo It may be nerve d that the ooner fi n Uv nrll will Iarn that ouch teioing i 1 thii law j I ill 1 not he toJeroted the hetter It will too for the Intereets at the tafpaylng public As the elllc waS abollsh 1sF or dlnnnce on ebruary 5 lIE the relator hod no right to longor eorel len any au thorllY or perform any ado Onreevhce hyvl000tofthe6ufOrr nod IfheIid he has no legal cllm Malnt Ihe munIcipality munIci-pality ror compenoaUon for servlceR soT ment 10 alllnnI Thoretore the auditor properly ro fuaed to Ieue I 11 arrant on the tread seer foe the son In 1IIeUon nnd the court below committed Ii error In de nlng lho writ or mandnle Th judg mrntlsnmrmmt An opinion waa also handed down ar firmln the judmnt 01 the court below be-low nl lb ecenoc f WllllsI Noncom VB the 010lIionIieebo 00 Clampittn I Ri eonpnny l altyrlloel I In 1kb cad Men I cam secure 0 a jlldgmenl or 1750 ogalnol tbp eompany for personal injuries In-jurIes Justice Bllrtch wrote ths ellnlon ned ChIef JusUee Zane nnd JlIstice Minor monnurred |
