Boroughs v. Peterson
Utah Supreme Court
Appeal from District Court, Second District; Hon. J. A. Howell, Judge. Action by Maud Boroughs against Drank Peterson and another. Judgment for plaintiff. Defendant appeals. APPELLANTS* POINTS. A jury should not be permitted to determine a case upon its own opinion as to the justice between the parties, without even attempting to follow the evidence or the instructions of the court. (2 Thompson on Trials, sec. 2606, page 1971, and cases cited; Brewery Go. v. Bodeman, 12 Mo.
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Appeal from District Court, Second District; Hon. J. A. Howell, Judge. Action by Maud Boroughs against Drank Peterson and another. Judgment for plaintiff. Defendant appeals. APPELLANTS* POINTS. A jury should not be permitted to determine a case upon its own opinion as to the justice between the parties, without even attempting to follow the evidence or the instructions of the court. (2 Thompson on Trials, sec. 2606, page 1971, and cases cited; Brewery Go. v. Bodeman, 12 Mo. App. 573; Ellsworth, v. Bmlroad Go., 34 N. J. Law 93; Biggs v. Barry, 2 Curt. C. C. [U. S.] 259.) Whether or not there…
1Opinion of the CourtFrick, C. J.
Respondent brought this action against the appellants to recover the sum of two thousand dollars as for money had and received by them for her use and benefit. The material allegations in the complaint, in substance, are: That the appellants were conducting a gambling house in Ogden City, Utah; that respondent on the 15th day of April, 1909, was the owner of two thousand dollars in cash; that between the date aforesaid and the 13th day of May, 1909, respondent’s husband took said money from her possession without her consent, and, contrary to her directions or instructions, he lost the same…
2Cases cited2 opinions
- Mattocks v. Lyman & ColeSupreme Court of Vermont · 1844
- Foulger v. McGrathUtah Supreme Court · 1908
3Cited by7 opinions
- City of Los Angeles v. Eighth Judicial District CourtNevada Supreme Court · 1937
- Daly v. KelleyMontana Supreme Court · 1920
- Stock Growers & Ranchers Bank v. MilisichNevada Supreme Court · 1925
- Riemer v. RiemerNevada Supreme Court · 1957
- City of Los Angeles v. Eighth Judicial District CourtNevada Supreme Court · 1937
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