134 P. 571 | Utah | 1913
The primary object of this action when it was commenced, and according to the prayer, was to obtain an order from the district court of Salt Lake County requiring the defendants, constituting the Board of Commissioners of Salt Lake City, to issue a license permitting the plaintiff to sell intoxicating-liquors in connection with his hotel business. Incidentally thereto it was also sought to restrain all of the parties-named as defendants from enforcing the provisions of a certain ordinance, regulating restaurants in Salt Lake City,, against the plaintiff. The district court entered judgment, in which it directed a license to be issued as prayed for, and also restrained and enjoined all of the defendants from enforcing the ordinance aforesaid, and also restrain them from interfering with him or with the manner in which he-was dispensing intoxicating liquors in connection with his-hotel business. The defendants appeal.
It is only the second proposition that is brought up on this appeal. The court’s order directing the issuance of the-license is not assailed. So that there may be no misunderstanding with respect to what the purpose of the action was, we shall quote the statements with regard to the purpose of the action as made by both parties as such statements are-contained in their respective briefs. Counsel for appellants state the purpose thus:
“This action was brought by the plaintiff against the defendants to enjoin them from enforcing against the plaintiff an ordinance passed by the Board of Commissioners of Salt Lake City, May 16, 1912, a copy of which ordinance . . . is as follows.”
Then follows the ordinance in full. It will be observed that what we call the primary object of the action, namely, to compel the issuance of the license, is omitted from the foregoing statement; this, presumably, for the reason that
“This action was brought inter alia, to obtain a construction as to the application and validity of a certain section ■of a city ordinance to plaintiff as proprietor of the Semloh Hotel, and to enjoin the enforcement of certain provisions therein, which are irregularly sought to be enforced against him.”
The only difference between the foregoing statements is ■that the latter one is a little broader and more specific than the former. Both statements, however, clearly show that in bringing the action it was the purpose of respondent to invoke the aid of a court of equity to prevent the city from •enforcing a certain ordinance against him, upon the ground that the ordinance was invalid, at least as to him and his business.
There is nothing in this case that in principle differenti-ates it from the case recently decided by us, namely, Hoffman v. Toole City, 42 Utah, 353, 130 Pac. 61. In that case it was sought, as it-is sought here, to have a court of equity interfere with a city in its attempt to enforce a certain ordinance which it was contended was invalid. In that case we went fully into the question of how and under what circumstances a court of equity may assume jurisdiction for the purpose of enjoining the enforcement of criminal laws -or ordinances which are claimed to be invalid. We there held that courts of equity may interfere in such cases only when “the law is inadequate or impotent to prevent gross injustice or irreparable injury. While respondent in his complaint seeks to make it appear that he would in some way suffer irreparable injury if the ordinance in question was enforced against him, yet it is quite apparent from the whole complaint that under our practice and procedure, such •a contention cannot successfully be maintained. Suppose the city, in order to enforce the ordinance, had filed a complaint against respondent in the city court. He could there have raised, and could have had determined the question respecting the validity of the ordinance, and if that court
Notwithstanding the fact that respondent had a plain,, speedy, and adequate remedy at law, in case he was prosecuted under the ordinance, to test the validity thereof by defendant in the usual way, and if the lower court held it valid to suspend the judgment by an appeal to this court, the district court nevertheless assumed jurisdiction as a court of equity. In doing so it entered judgment enjoining the appellant “from in any manner attempting to en
For the reasons, therefore, that the court erred in taking cognizance of the case and in entering the injunction aforesaid, that portion of the judgment appealed from should be, and accordingly is, reversed; and the cause is remanded to the district court, with directions to set asid© and vacate the injunction. Neither party to recover costs on appeal.