LEE v. STATE

No. 9530.

13 Utah 2d 15 (1962)

367 P.2d 861

J. BRACKEN LEE, PLAINTIFF AND RESPONDENT, v. STATE OF UTAH, BOARD OF STATE CANVASSERS, SHERMAN J. PREECE, STATE TREASURER, SID LAMBOURNE, STATE AUDITOR, WALTER L. BUDGE, ATTORNEY GENERAL, MEMBERS OF THE BOARD OF STATE CANVASSERS, DEFENDANTS AND APPELLANTS.

Supreme Court of Utah.

January 8, 1962.


Attorney(s) appearing for the Case

Walter L. Budge, Atty. Gen., Ronald N. Boyce, Asst. Atty. Gen., for appellants.

Jack L. Crellin, Norman W. Kettner, A.M. Marsden, James L. Barker, Jr., Salt Lake City, for respondent.


WADE, Chief Justice.

This appeal is from a summary judgment of the Third Judicial District Court holding invalid a constitutional amendment submitted to and approved by the majority of people voting on the amendment at the last general election held in the State of Utah on November 8, 1960.

The facts upon which the court based its decision were stipulated. The 1959 session of the Utah State Legislature [Laws 1959, p. 370] adopted a joint resolution proposing...

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