Weyant v. Utah Savings & Trust Co.
Utah Supreme Court
Appeal from District Court, Third District, Salt Lake County; Wm. H. Bramel, Judge. Action by Charlotte Weyant and others against the Utah Savings & Trust Company. From the judgment rendered, defendant appeals.
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Appeal from District Court, Third District, Salt Lake County; Wm. H. Bramel, Judge. Action by Charlotte Weyant and others against the Utah Savings & Trust Company. From the judgment rendered, defendant appeals. The probate proceedings and the decree rendered therein are in rem, and are conclusive against the whole world, and cannot be impeached or opened by another court, or in or by any other action, but only by appropriate application in the same proceeding, or upon appeal. Sohler v. Sohler, 135 Oal. 323, 67 Pac. 282, 87 Am. St. Rep. 98; Strauss v. Slate, 36 N. D. 594, 162 N. W. 908, L. R.…
1Opinion of the CourtFrick, J.
The plaintiffs named in the title, hereinafter called respondents, commenced this action in the district court of Salt Lake county as heirs at law of one Harvey Weyant, deceased. The action is predicated upon a statutory administrator’s bond executed by one Rosella Fuller, as principal, and the appellant, as surety; said Rosella Fuller having been appointed the administratrix of the estate of said Harvey Weyant, deceased. Respondents obtained judgment on said bond against appellant, from which it prosecutes this appeal.
The pleadings, including the attached exhibits, findings of fact,…
2Cases cited23 opinions
- Simmons v. SaulSupreme Court of the United States · 1891
- Bacon v. BaconCalifornia Supreme Court · 1907
- Parsons v. WeisCalifornia Supreme Court · 1904
- Sohler v. SohlerCalifornia Supreme Court · 1902
- Stovall v. BanksSupreme Court of the United States · 1871
18 more not listed; retrieve them via the Exa API.
3Cited by27 opinions
- Dockery v. Central Arizona Light & Power Co.Arizona Supreme Court · 1935
- McClure v. KerchnerSupreme Court of Oklahoma · 1924
- Gerlach v. SchultzIdaho Supreme Court · 1952
- Sanders v. SandersArizona Supreme Court · 1938
- State v. VincentOregon Supreme Court · 1935
22 more not listed; retrieve them via the Exa API.