WELLS v. CITY COURT OF LOGAN CITY, COUNTY OF CACHE

No. 13824.

535 P.2d 683 (1975)

John G. WELLS, Plaintiff and Appellant, v. CITY COURT OF LOGAN CITY, COUNTY OF CACHE, State of Utah, Defendant and Respondent.

Supreme Court of Utah.

May 1, 1975.


Attorney(s) appearing for the Case

Irving H. Biele, Biele, Haslam & Hatch, Salt Lake City, Charles P. Olson, Olson, Hoggan & Sorenson, Logan, for plaintiff and appellant.

B.H. Harris, Cache County Atty., Logan, for defendant and respondent.


HENRIOD, Chief Justice:

Appeal from a denial of a petition to prohibit the Logan City Court from pursuing a prosecution on a drunk driving complaint because it had no jurisdiction under the facts and statutes of this state. Reversed, with instructions to grant the petition and issue the writ.

Wells was arrested nine miles from Logan, Cache County, Utah, but only one mile from Wellsville, Cache County, Utah. Both cities, or towns, have magistrates.

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