Rhemke v. Clinton
Utah Supreme Court
Appeal from the Third District Court. The facts involved in the appeal are stated in the opinion of the court. In trespass at common law, the allegation of value or damages was not traversable, and the plaintiff could recover only tlie damages which the proofs showed him entitled to. So under the code it is not a material allegation, and is not admitted although not denied.
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Appeal from the Third District Court. The facts involved in the appeal are stated in the opinion of the court. In trespass at common law, the allegation of value or damages was not traversable, and the plaintiff could recover only tlie damages which the proofs showed him entitled to. So under the code it is not a material allegation, and is not admitted although not denied. Pomeroy’s Pern. etc. §§ 532,613, 614, 617; Jenkins etal. v. Steanka, 19 "Wis. 128-140; 7 Wis. 525; Gonnoss v. Mew, 2 E. I). Smith, 314; Hackett v. Bitch-ards, 3 E. D. Smith, 31; 12 Abb. 52; Loeb et al. v. Koonak et al., 1…
1Opinion of the CourtEortsMAN, J.
This is an action for a tresspass. It was before us at a foi-mer term and was then reversed and remanded, with leave b the plaintiffs below to move to amend the complaint. T1b amendment was allowed in the District Court, whereby tin complaint was changed from one claiming treble damage under a statute to one claiming single damages. Otherwisi the amended complaint remained the same as the original.
This amended complaint alleges that the respondents wen partners, and, as such, owned and possessed certain persona property, specifying the same and likewise the amount anc value, in detail and in…
Also in this document: Concurrence.
2Cases cited21 opinions
- Mills v. Bank of United StatesSupreme Court of the United States · 1826
- Emery v. . PeaseNew York Court of Appeals · 1859
- Hyde v. StoneNew York Supreme Court · 1831
- Lyon v. BertramSupreme Court of the United States · 1858
- Wood v. . BrownNew York Court of Appeals · 1866
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3Cited by6 opinions
- Fell v. Union Pac. Ry. Co.Utah Supreme Court · 1907
- State v. Shevlin-Carpenter Co.Supreme Court of Minnesota · 1906
- Lucas v. WattlesMichigan Supreme Court · 1882
- Kendrick v. TowleMichigan Supreme Court · 1886
- Van Patten v. WaughSupreme Court of Iowa · 1904
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