Whipple v. Preece
Utah Supreme Court
Appeal from tbe 4th District Court, Uintah County, Hon. W. N. Dusenberry, Judge. Action for conversion of property. From a judgment upon a verdict of “no cause of action” plaintiff appeals.
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Appeal from tbe 4th District Court, Uintah County, Hon. W. N. Dusenberry, Judge. Action for conversion of property. From a judgment upon a verdict of “no cause of action” plaintiff appeals. The court in giving plaintiff’s request marked “6th” in the manner he did, with his endorsement thereon in writing, to wit: “The foregoing requests are refused, W. N. Dusenberry, Judge,” the said endorsement being an instruction that the request was refused, and should not be considered by them, and certainly was calculated to mislead the jury. Such endorsement was prejudicial to plaintiff and reversible…
1Opinion of the Court
Bartcjh, O. J.
This is an action for the conversion of property, the same having been disposed of under execution, by the defendants. At the trial the jury returned a verdict of “no cause of action,” and, upon judgment having been entered and a motion for a new trial overruled, the plaintiff appealed. Among the numerous errors assigned, is one relating to irregularity of proceedings and conduct of the court. The appellant complains that after the bill of exceptions had been settled, signed and filed with the clerk, the presiding judge made the following order: “On this day came on to be heard…
2Cases cited11 opinions
- Beavers v. StateIndiana Supreme Court · 1877
- Murphy v. MartinWisconsin Supreme Court · 1883
- People ex rel. Hubbard v. AnthonyIllinois Supreme Court · 1889
- Churchill v. HillSupreme Court of Arkansas · 1894
- Byrne v. ClarkAppellate Court of Illinois · 1889
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