Wright v. Ascheim
Utah Supreme Court
Appeal from a judgment of the district court of the third district and from an order refusing a new trial. This cause was tried before the court and a jury and a verdict given for the plaintiff. Upon motion for new trial, the verdict was set aside and a new trial granted, which ruling was affirmed on appeal, 4 Utah, 455. The cause was then tried a second time before the court and a jury and another verdict found for the defendant.
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Appeal from a judgment of the district court of the third district and from an order refusing a new trial. This cause was tried before the court and a jury and a verdict given for the plaintiff. Upon motion for new trial, the verdict was set aside and a new trial granted, which ruling was affirmed on appeal, 4 Utah, 455. The cause was then tried a second time before the court and a jury and another verdict found for the defendant. Thereupon a motion for new trial was overruled, and the cause came to this court on appeal. The evidence was practically the same on both trials. No question was…
1Opinion of the Court
Henderson, J.:
The plaintiff brought bis action in tbe third district court against tbe defendant and Mocks, for malicious prosecution in instituting and prosecuting a civil action. Tbe complaint alleges tbat on tbe 21st day of February, 1881, the plaintiff was tbe owner of 10,081 shares of tbe capital stock of the Rebellion Silver Mining Company; tbat tbe stock was not then issued, but was ready to be issued, and was placed to tbe credit of plaintiff, and tbat be was entitled to then receive it; tbat tbe defendants, Ascheim and Mocks, on tbat day, by an action commenced in tbe third district…
2Cases cited13 opinions
- Stewart v. SonnebornSupreme Court of the United States · 1879
- Fagnan v. . KnoxNew York Court of Appeals · 1876
- Eastin v. Bank of StocktonCalifornia Supreme Court · 1884
- Barron v. MasonSupreme Court of Vermont · 1858
- Grant v. MooreCalifornia Supreme Court · 1866
8 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Hodges v. Gibson Products Co.Utah Supreme Court · 1991
- Steadman v. TophamWyoming Supreme Court · 1959
- Sweatman v. LintonUtah Supreme Court · 1925
- McKenzie v. CanningUtah Supreme Court · 1913
- Hodges v. Gibson Products Co.Utah Supreme Court · 1991