Baglin v. Earl-Eagle Mining Co.
Utah Supreme Court
Appeal from District Court, Salt Lake County, Third District ; P. C. Evans, Judge. Action by Georgé Baglin against the Earl-Eagle Mining Company and others. From a judgment for plaintiff, the named defendant appeals.
1Opinion
ON APPLICATION FOR REHEARING.
THURMAN, J.
The court unhesitatingly concedes that the opinion handed down in this case is vulnerable to one or more of the objections urged against it by respondent in his application for rehearing.
In deciding the motion for a nonsuit, and determining that there was no evidence of damage, the court inadvertently overlooked the fact that respondent ,was at least 6, 7 entitled to nominal damages because of the unlawful conversion of the stock. The court was therefore in error in holding there was no evidence of damage. It is also contended by respondent that…
2Cases cited51 opinions
- Powell v. NolanWashington Supreme Court · 1902
- Whitney v. ThacherMassachusetts Supreme Judicial Court · 1875
- Hudson & Co. v. Northern Pacific Railway Co.Supreme Court of Iowa · 1894
- Harrison v. HarkerUtah Supreme Court · 1914
- Herriman Irrigation Co. v. KeelUtah Supreme Court · 1902
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