OBRAY v. MALMBERG

No. 12284.

484 P.2d 160 (1971)

26 Utah 2d 17

Wayne OBRAY, Plaintiff and Appellant, v. Wesley G. MALMBERG, Sheriff of Cache County, and Darius Carter, Deputy Sheriff of Cache County, Defendants and Respondents.

Supreme Court of Utah.

April 20, 1971.


Attorney(s) appearing for the Case

Byron L. Stubbs, Salt Lake City, for plaintiff-appellant.

George W. Preston, Logan, Allan L. Larson, Salt Lake City, for defendants-respondents.


HENRIOD, Justice:

Appeal from a judgment dismissing a complaint alleging that defendant sheriffs 1) wilfully and wantonly failed to investigate a burglary of plaintiff's store in Paradise, Utah, for which plaintiff claims compensatory and punitive damages, and 2) for removal of defendants from office. Affirmed, with costs to defendants.

The dismissal was based on the allegations set forth in the complaint. No evidence was adduced, although plaintiff took nine...

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