Venard v. Green
Utah Supreme Court
Appeal from á judgment of- the district court of the second district. The ninth finding of fact made by the trial court is as follows: “(9) That on th'e twenty-second day of September, 1883, Barney McManamon, co-plaintiff with the plaintiff Thomas Yenard, in this action, obtained and received judgment against the Old Hickory Mining & Smelting Company, for the sum of $403.09 damages, and for costs of suit; and a decree of foreclosure, and order of sale; that the Old Hickory…
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Appeal from á judgment of- the district court of the second district. The ninth finding of fact made by the trial court is as follows: “(9) That on th'e twenty-second day of September, 1883, Barney McManamon, co-plaintiff with the plaintiff Thomas Yenard, in this action, obtained and received judgment against the Old Hickory Mining & Smelting Company, for the sum of $403.09 damages, and for costs of suit; and a decree of foreclosure, and order of sale; that the Old Hickory Lode or Mining Claim, hereinbefore described, the property of the defendant the Old Hickory Mining & Smelting Company, be…
1Opinion of the Court
Powers, J.:
This case has already been before this court: Venard v. Old Hickory Min. Co., ante p. 67. At the June term, 1885, a petition for rehearing was filed and denied. Upon the case being remanded, the court below entered up judgment, and the sole question on this hearing is whether judgment was entered in accordance with the opinion of *458this court. We decline to consider tbe question raised by tbe appellant as to whether this court erred in its construction of tbe law. That was a proper subject upon tbe petition for a rehearing. Tbe questions of law and fact being tbe same, tbe decision…
2Cases cited9 opinions
- Tyler v. MagwireSupreme Court of the United States · 1873
- Page v. FowlerCalifornia Supreme Court · 1869
- Heinlen v. MartinCalifornia Supreme Court · 1881
- Yates v. SmithCalifornia Supreme Court · 1871
- Pico v. CuyasCalifornia Supreme Court · 1874
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3Cited by4 opinions
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- Helper State Bank v. CrusUtah Supreme Court · 1938
- Brimm v. JonesUtah Supreme Court · 1895
- Corporation of Members of Church of Jesus Christ of Latter-Day Saints v. WatsonUtah Supreme Court · 1906