Firman v. Bateman
Utah Supreme Court
Appeal from the Third Judicial District Court. The facts appear in the opinion of the court. The court erred in admitting evidence of assignment in bankruptcy from Anderson to Firman. After the order was made, October 23d, there was no change in the pleadings. The complaint at the time of the trial was the same amended complaint which Anderson had filed- — the order was ex parte, and had no effect to enlarge the issue to be tried.
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Appeal from the Third Judicial District Court. The facts appear in the opinion of the court. The court erred in admitting evidence of assignment in bankruptcy from Anderson to Firman. After the order was made, October 23d, there was no change in the pleadings. The complaint at the time of the trial was the same amended complaint which Anderson had filed- — the order was ex parte, and had no effect to enlarge the issue to be tried. The complaint not having been amended by inserting an allegation of the assignment, it was not in issue, and all proof of it was irrelevant. 2 Barb. Ch. Pr. 63-64;…
1Opinion of the CourtBo Reman, J.
The appellants employed Richard T. Anderson to negotiate for the purchase of two different mines. In one the purchase was not consummated, but in the other it was. Anderson brought suit for $5,000 as payment for his services. He then went into bankruptcy, and his assignee, D. R. Firman was substituted as plaintiff. Judgment in the court below, in accordance with the verdict of a jury, was for $1,500. The defendants have appealed to this court, and now in this court the respondent (plaintiff) asks judgment for the $5,000 claimed, notwithstanding the verdict.
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2Cases cited1 opinion
- Moss v. ShearCalifornia Supreme Court · 1866
3Cited by6 opinions
- Crary v. KurtzSupreme Court of Iowa · 1906
- Vance v. HeathUtah Supreme Court · 1912
- Heywood v. Ogden Motor Car Co.Utah Supreme Court · 1928
- Nome & Sinook Co. v. Ames Mercantile Co.Court of Appeals for the Ninth Circuit · 1911
- Slater v. CraganUtah Supreme Court · 1891
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