[Download] "Mccarthy v. State Et Al." by Supreme Court Of Utah ~ Book PDF Kindle ePub Free
eBook details
- Title: Mccarthy v. State Et Al.
- Author : Supreme Court Of Utah
- Release Date : January 22, 1953
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 54 KB
Description
CROCKETT, Justice. Plaintiff, Daniel McCarthy, appeals from an order of dismissal entered by Third District Judge David T.
Lewis, which he based upon the ground that a prior judgment of dismissal in the U. S. District Court for Utah was res judicata
of this action. The controversy arose out of a contract by which Mr. McCarthy undertook to do certain work upon a monument at the mouth of
Emigration Canyon commemorating the arrival of the Mormon Pioneers in Salt Lake Valley. The other contracting party was the
'This is the Place Monument Commission,' a committee of citizens appointed by the Governor of Utah to plan, raise funds for,
and erect such monument. Their appointment was made pursuant to a recommendation by joint resolution of the state legislature.
In 1939, and again in 1945, the legislature appropriated moneys to supplement that received by the Commission through private
subscription. The legal status of the Monument Commission and its relationship to the State of Utah in carrying out the desires
of the legislature and the Governor were not clearly defined. The Commission conducted a public solicitation of funds, received
and expended its legislative appropriations, and proceeded to have the monument erected.
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