McCornick v. Sadler
Utah Supreme Court
Appeal from tbe District Court of the Third Judicial District, Hon. Geo. W. Bartch, Judge. Action by William S. McOornick against Henry Sadler ■on an assignment of the balance of a contract price for a building. From a judgment for plaintiff, defendant appeals.
1DissentMiNER, J.
I cannot* agree with my brothérs in this case. The amended answer of the defendant sets up an affirmative defense, and the defendant offered evidence upon that defense. The plaintiff was therefore entitled to the instruction given, — that the burden was on. the defendant to establish the allegations of his affirmative defense. The charge, should be construed as a whole. The charge, as given, is not, in my opinion, contradictory, but properly covered the issues presented by the pleadings and proofs. Hamer v. Bank; 9 Utah, 215, 33 Pac. 941, and cases cited; *216People v. Hart, 10 ante p. 204, 37…
2Cases cited6 opinions
- United States v. WrightU.S. Circuit Court for the District of Ohio · 1839
- People v. HartUtah Supreme Court · 1894
- Hamer v. First National Bank of OgdenUtah Supreme Court · 1893
- Ocheltree v. CarlSupreme Court of Iowa · 1867
- Smith v. CarrSupreme Court of Connecticut · 1844
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