MUNICIPAL CORPORATIONS. On affirmance of judgment sustaining defendant's demurrer to complaint in prosecution for violation of city ordinance relating to closing of barber shops, on ground that ordinance was invalid, costs should not have been allowed against city.
Nephi City v. Forest, 41 Utah 433, 126 P. 332.
See 43 C.J., Municipal Corporations, sec. 735; 14 Am. Jur. 59.
For former opinion, see 101 Utah ___., 124 P.2d 537.
PER CURIAM.
By inadvertence costs in this case were allowed against the city. This was error. See Nephi City v. Forrest, 41 Utah 433, 126 P. 332. That part of the decision which reads "costs to respondent" [ 124 P.2d 537, 540] is hereby stricken and with that change the opinion and decision is confirmed.