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UNIVERSITY OF UTAH v. BOARD OF EXAMINERS OF STATE

No. 8253.

4 Utah 2d 408 (1956)

295 P.2d 348

UNIVERSITY OF UTAH, A BODY POLITIC AND CORPORATE, PLAINTIFF AND RESPONDENT, v. BOARD OF EXAMINERS OF STATE OF UTAH AND J. BRACKEN LEE, HEBER BENNION, JR., AND CLINTON D. VERNON, MEMBERS OF SAID BOARD; COMMISSION OF FINANCE OF THE STATE OF UTAH AND P.H. MULCAHY, TRUMAN C. CURTIS AND MILTON B. TAYLOR, MEMBERS OF SAID COMMISSION; CLINTON D. VERNON, AS ATTORNEY GENERAL OF THE STATE OF UTAH; REESE M. REESE, AS AUDITOR OF THE STATE OF UTAH AND FERRELL H. ADAMS, AS TREASURER OF THE STATE OF UTAH, DEFENDANTS AND APPELLANTS.

Supreme Court of Utah.

March 22, 1956.

Attorney(s) appearing for the Case

Lynn S. Richards, Daniel S. Bushnell, Salt Lake City, for appellants.

E.R. Callister, Jr., Atty. Gen., and H.R. Waldo, Jr., Asst. Atty. Gen., Salt Lake City, for appellants.

WORTHEN, Justice.

This is an appeal from a declaratory judgment holding that Article X, Section 4 of the Utah Constitution establishes the University as a constitutional corporation free from the control of the Legislature, administrative bodies, commissions and agencies and officers of the State.

The action was instituted by the University of Utah, acting through its Board of Regents, against the named defendants alleging that said defendants, pursuant to...

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