Smith v. Alford
Utah Supreme Court
Appeal from District Court, Second District; J. A. Howell, Judge. Action by A. R. C. Smith against Gideon Alvord. From a judgment in favor of defendant, plaintiff appeals. APPELLANT'S POINTS. It hardly seems necessary to discuss the proposition that a tort cannot be offset against a tort. Our Supreme Court has so decided, and in harmony with this decision are all the text-boohs we have so far examined.
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Appeal from District Court, Second District; J. A. Howell, Judge. Action by A. R. C. Smith against Gideon Alvord. From a judgment in favor of defendant, plaintiff appeals. APPELLANT'S POINTS. It hardly seems necessary to discuss the proposition that a tort cannot be offset against a tort. Our Supreme Court has so decided, and in harmony with this decision are all the text-boohs we have so far examined. (Marks v. Tompkins, 7 IJtah 421; Pomeroy, Remedies and Remedial Rights, par. 790; Bliss on Code Pleading, par. 376; Shelly v. Van-arsdoll, 23 Ind. 543; Hess v. Young, 59 Ind. 379.) ,…
1Opinion of the CourtFrick, J.
This action is one in equity in which plaintiff prayed for injunctive relief and incidental damages growing out of an alleged trespass committed by defendant upon real estate owned by the plaintiff. The pleadings are very voluminous, comprising both amended and supplemental answers, to all of which demurrers, both general and special, were interposed and overruled. In view of the result in the lower court, and to the conclusions reached by us upon the whole record, it could subserve no practical purpose to set forth, in detail, either the pleadings or facts upon which the final judgment *348is…
2Cases cited7 opinions
- Bankers Life Insurance v. RobbinsNebraska Supreme Court · 1899
- Sears v. StarbirdCalifornia Supreme Court · 1889
- Sellick v. De CarlowCalifornia Supreme Court · 1892
- Burnham v. LewisSupreme Court of Kansas · 1902
- Marks v. TompkinsUtah Supreme Court · 1891
2 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Frampton v. WilsonUtah Supreme Court · 1980
- Nelson Et Ux. v. Arrowhead Freight Lines, LimitedUtah Supreme Court · 1940
- Houghton v. BartonUtah Supreme Court · 1917
- Kamas Securities Co. v. TaylorUtah Supreme Court · 1950
- Workman Motor Co. v. Pacific Finance Corp.Utah Supreme Court · 1933
2 more not listed; retrieve them via the Exa API.