McCord & Nave Mercantile Co. v. Glenn
Utah Supreme Court
Appeal from an order overruling a demurrer to a complaint, a judgment by default, and an order denying motion to set aside default and judgment of the district court of the first district. The following facts do not appear in the opinion of the court, but are part of the record. When the demurrer was overruled defendant’s attorney applied for leave to answer and the leave was granted upon his motion.
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Appeal from an order overruling a demurrer to a complaint, a judgment by default, and an order denying motion to set aside default and judgment of the district court of the first district. The following facts do not appear in the opinion of the court, but are part of the record. When the demurrer was overruled defendant’s attorney applied for leave to answer and the leave was granted upon his motion. The affidavit for attachment stated as cause for the attachment, “that the said defendant has disposed of and. concealed bis property with, intent to defraud his creditors.” The original…
1Opinion of the Court
Sandeord, C. J.:
The complaint alleges the sale by the plaintiff at different times of goods and merchandise, and that others, who had assigned to him their claims, had also sold' goods to defendant, the whole indebtedness amounting to $1,976. To this complaint the defendant demurred. The demurrer was overruled, and the defendant allowed six days in which to file his answer. In our opinion, the complaint was not obnoxious on the grounds set forth in the demurrer. After having dealt with the corporation as such, it is too late to demur to its non-existence. The items of the amount sued for were…
2Cases cited4 opinions
- Barron v. DelevalCalifornia Supreme Court · 1881
- Reavis v. CowellCalifornia Supreme Court · 1880
- Carpentier v. ThurstonCalifornia Supreme Court · 1866
- Burlock v. ShupeUtah Supreme Court · 1888
3Cited by8 opinions
- Everett v. JonesUtah Supreme Court · 1907
- State ex rel. Grant v. First Judicial District CourtUtah Supreme Court · 1910
- Jenkins v. StephensUtah Supreme Court · 1924
- In Re WilliamsonUnited States Bankruptcy Court, D. Utah · 1984
- Deseret National Bank v. Little, Roundy & Co.Utah Supreme Court · 1896
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