Salt Lake Hardware Co. v. Tintic Milling Co.
Utah Supreme Court
Appeal from the district court of the Third judicial district, Territory of Utah. Hon. S. A. Merritt, Judge. Action by the Salt Lake Hardware Company against the Tintic Milling Company, and others, to compel payment by the stockholders of the defendant company of a judgment obtained against it by the plaintiff. From an order sustaining a demurrer to the complaint, plaintiff appeals.
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Appeal from the district court of the Third judicial district, Territory of Utah. Hon. S. A. Merritt, Judge. Action by the Salt Lake Hardware Company against the Tintic Milling Company, and others, to compel payment by the stockholders of the defendant company of a judgment obtained against it by the plaintiff. From an order sustaining a demurrer to the complaint, plaintiff appeals. It is not necessary that execution should issue to any county other than in the county where the judgment was rendered. Embree v. Reeve, 6 Humph. (Tenn.) 37; Stark v, Cheatham, 2 Tenn. Chancery 300. Insolvency may…
1Opinion of the Court
Miner, J.:
Plaintiff alleges in its complaint, in substance: That in May, 1893, it recovered judgment against the defendant company in the Third district court of Utah for 1504.28. That execution was issued theron on January 15, 1894, which execution went into the hands of the sheriff of Salt Lake county, and was by him returned as follows: “I hereby certify that, after careful and diligent search, I fail to find any property belonging to the within defendant, the Tintic Milling Company, and I herewith return the within execution unsatisfied.” That the defendant corporation was organized in…
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