Rolapp v. Ogden & Northwestern Railroad
Utah Supreme Court
Appeal by Emil S. Rolapp', trustee, against tbe Ogden & Northwestern Railroad Company and others. Erom the judgment the plaintiff appeals. appellant's points.
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Appeal by Emil S. Rolapp', trustee, against tbe Ogden & Northwestern Railroad Company and others. Erom the judgment the plaintiff appeals. appellant's points. Did the court err in overruling the demurrer of the plaintiff to the affirmative answer of defendant Smith? Or, in other words, was the court authorized to give defendant Smith the relief given under it, or under the first part of his answer ? The answer upon which he relies alleges conclusions merely and no specific facts and, hence, is insufficient to put the plaintiff upon a defense thereto and all evidence under it was erroneous.…
1Opinion of the CourtFrick, J.
On March 13, 1908, appellant, as trustee, began this action in the district court of Weber County, Utah, to foreclose two mortgages in the form of trust deeds, which, it was alleged, were executed and delivered to the trustee by the Ogden & Northwestern Railroad Company, a corporation, hereinafter1 styled Railroad Company, to secure the payment of certain bonds issued by said company. The first one of the trust deeds was dated February 20, 1904, and was given to secure eighty bonds of five hundred dollars each, which were dated' January 1, 1904, made payable in twenty years from date with…
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- Crofoot v. ThatcherUtah Supreme Court · 1899
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