Badger v. Crockett, Secretary of State

GIDEON J.

Respondent brings this action as assignee of the J. C. Penney Company, a Delaware corporation. Appellants are, respectively, the secretary of state and state treasurer of the state of Utah. The Attorney General of the state appeared in the action for appellants and filed a general demurrer to the complaint. The demurrer was overruled. Appellants elected to stand on their demurrer and declined to plead further. A stipulation by the parties waiving findings of fact and conclusions of law was made. The court below then entered judgment against appellants and in favor of respondent for…