Chalmers v. Trent
Utah Supreme Court
Appeal from the District Court of the Third Judicial District. Hon. Samuel A. Merritt, Judge. Action by William J. Chalmers against Lamartine C. Trent and Delome Trent, his wife, for the partition of certain real estate. There was an order sustaining a demurrer to the cross complaint of Lamartine C. Trent, and from the final judgment dismissing and striking the same from the files, he appeals. New parties can not be brought in by cross complaint.
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Appeal from the District Court of the Third Judicial District. Hon. Samuel A. Merritt, Judge. Action by William J. Chalmers against Lamartine C. Trent and Delome Trent, his wife, for the partition of certain real estate. There was an order sustaining a demurrer to the cross complaint of Lamartine C. Trent, and from the final judgment dismissing and striking the same from the files, he appeals. New parties can not be brought in by cross complaint. Harrison v. MoGornick, 69 Cal. 613. The cross complaint here is unnecessary and should hare been stricken out. Wilson y. Madison, 55 Cal. 5;…
1Opinion of the Court
Kura, J.:
This is an appeal from an order entered in the Third Judicial District Court dismissing and striking from the files defendant’s cross complaint. The facts/ as disclosed by the pleadings, are substantially as follows: Plaintiff and defendant, Lamartine C. Trent, at and before the time of the filing of the original complaint, were joint-owners of a part of lot 2, block 72, plat “A,” Salt Lake City, and plaintiff was a married man, and resided with his wife in Chicago. Trent was also married, and, with his wife, Delome Trent, resided in Salt Lake City. At the time the original complaint…
2Cases cited12 opinions
- Allen v. TritchSupreme Court of Colorado · 1880
- Winter v. McMillanCalifornia Supreme Court · 1890
- Wilson v. MadisonCalifornia Supreme Court · 1880
- Harrison v. McCormickCalifornia Supreme Court · 1886
- Davis v. CookSupreme Court of Alabama · 1880
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3Cited by3 opinions
- MacKenzie v. HodgkinCalifornia Supreme Court · 1899
- Winemiller v. MossbergerIllinois Supreme Court · 1933
- Western Dakota Land & Horse Co. v. WoodsSouth Dakota Supreme Court · 1912