Orpheus Vaudeville Co. v. Clayton Investment Co.
Utah Supreme Court
Appeal from District Court, Third- District; Hon. Geo. G. Armstrong, Judge. Action by Orpheus Vaudeville Company against Clayton Investment Company. Judgment for defendant. Plaintiff appeals.
1Opinion of the CourtFrick, C. J.
This is an appeal from a judgment dismissing appellant’s complaint. The judgment of dismissal is based upon respondent’s objection interposed at the time of trial to the introduction of any evidence in support of the allegations of the complaint, upon the ground that the facts stated therein were insufficient to constitute a cause of action. The errors assigned are that the court erred in sustaining the objection and in entering a judgment dismissing the complaint.
*607In view of the foregoing, it becomes necessary to set forth, somewhat in detail, the material allegations of the complaint which…
2Cases cited5 opinions
- Uhlig v. BarnumNebraska Supreme Court · 1895
- Piper v. FletcherSupreme Court of Iowa · 1901
- Walsh v. LunneyNebraska Supreme Court · 1905
- Kiernan v. GermainMississippi Supreme Court · 1884
- Swift v. East Waterloo Hotel Co.Supreme Court of Iowa · 1875
3Cited by5 opinions
- Turner v. TurnerSupreme Court of North Carolina · 1955
- Buckman v. Hill Military AcademyOregon Supreme Court · 1948
- Sunshine Cloak & Suit Co. v. CommissionerUnited States Board of Tax Appeals · 1928
- Vitagraph, Inc. v. American Theatre Co.Utah Supreme Court · 1930
- Moynihan v. ElliottCourt of Appeals for the Fifth Circuit · 1952