Gerald E. Hulbert v. State Utah

MAUGHAN, Justice: Before us is an action, which Gerald E. Hulbert, pursuant to the provisions of Chapter 30a, Title 63, lodged against the State; to recover reasonable attorneys' fees and court costs he necessarily incurred in the successful defense of a series of grant jury indictments. The matter was tried before the court. Hulbert was awarded judgment in the sum of $62,384.99. The State appeals. We affirm. Costs to respondent. All statutory references are to Utah Code Annotated, 1953, as amended. In 1975, while plaintiff was acting as Chairman and Director of the Utah State Liquor Control Commission, a state grand jury, over a period of several months, issued twelve indictments against him. These were for alleged acts or omissions committed by him, in his official capacity.