Utah State Nat. Bank v. Livingston

This is an action upon a promissory note for $5,000', the execution and delivery of which were admitted, but which defendants pleaded and attempted to prove had 'been paid. The action was tried twice in the district court. The first time was before a jury and resulted in a verdict for defendants. Upon plaintiff’s motion the verdict was set aside, upon the grounds of insufficiency of the evidence to support the verdict and a new trial granted. At the second trial, also before a jury, the court, at the conclusion of the evidence, directed a verdict for the plaintiff, upon which judgment was…