Fehringer v. Commercial National Bank of Ogden
Utah Supreme Court
Appeal from the Second District Court, Weber County.— Hon. H. H. Bolapp, Judge. Action by plaintiffs ■ as creditors of a deceased 'to have a certain chattel mortgage set aside and declared void. Nelden-Judson Drug Company intervened as additional creditors. From a judgment of dismissal plaintiffs and intervener appealed.
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Appeal from the Second District Court, Weber County.— Hon. H. H. Bolapp, Judge. Action by plaintiffs ■ as creditors of a deceased 'to have a certain chattel mortgage set aside and declared void. Nelden-Judson Drug Company intervened as additional creditors. From a judgment of dismissal plaintiffs and intervener appealed. Tbe court held that the plaintiffs and intervener were not the proper parties to bring this action, and in effect held that the administrator, Hume, was the only party who could bring the action, we suppose with the reservation, unless on request he should refuse to act. Even…
1Opinion of the CourtBaskin, J.
Tbe plaintiffs, as creditors of tbe estate of Shirley P. Asb, deceased, instituted this suit against tbe administrator of said estate and tbe Commercial Bank of Ogden, defendants, to bave declared void and set aside a chattel mortgage executed and delivered by tbe said Asb to said bank and wbicb, tbe plaintiffs allege, in tbeir complaint, was made in fraud of tbe said Ash’s other creditors. One of tbe errors assigned is that tbe court erred in bolding that tbe plaintiffs were not- the proper parties to bring the suit. Tbe ruling of the trial court was predicated upon tbe provisions of…
2Cases cited6 opinions
- Herrlich v. KaufmannCalifornia Supreme Court · 1893
- Harvey v. . McDonnellNew York Court of Appeals · 1889
- Prentiss v. . BowdenNew York Court of Appeals · 1895
- National Bank v. LevyNew York Court of Appeals · 1891
- Caswell v. CaswellSupreme Judicial Court of Maine · 1848
1 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
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- Rummens v. Guaranty Trust Co.Washington Supreme Court · 1939
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- Stock v. Sentinel Rural & Long Distance Telephone Co.Supreme Court of Oklahoma · 1939
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