Larsen v. Gasberg
Utah Supreme Court
Appeal from District Court, First District; Hon. N. J. Harris, Presiding Judge. Action to quiet title by Christina J. Larsen against Jens C. Gasberg. Judgment for plaintiff. Defendant appeals. STATEMENT OK EACTS. This is an action in equity to quiet title to certain real property situated in Box Elder County, Utah. Tbe action was brought under C'ompi. Laws 1907, section 3511. Tbe case was before this court on a former appeal.
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Appeal from District Court, First District; Hon. N. J. Harris, Presiding Judge. Action to quiet title by Christina J. Larsen against Jens C. Gasberg. Judgment for plaintiff. Defendant appeals. STATEMENT OK EACTS. This is an action in equity to quiet title to certain real property situated in Box Elder County, Utah. Tbe action was brought under C'ompi. Laws 1907, section 3511. Tbe case was before this court on a former appeal. (Larsen v-Gasberg, 30 Utab, 471, 86 Pac. 412, 116 Am. St. Hep. 859 (1906.) ) Tbe cause was reversed, -with directions to tbe lower court to grant a new trial. By an…
1Opinion of the Court
McCANTY, O. J.
(after stating tbe facts as above).
1 Tbe principal ground upon which appellant assails tbe judgment is that tbe court erred in permitting plaintiff to •amend her complaint after tbe cause was reversed and remanded for a new trial. It is contended in support of this assignment of error that tbe complaint as amended sets forth a separate and distinct cause of action from tbe one alleged in tbe complaint before it was amended. Tbe cause of action alleged in tbe complaint as *207originally filed was an action to quiet title. The amendments did not change the character of the action. The…
2Cases cited2 opinions
- Fell v. Union Pac. Ry. Co.Utah Supreme Court · 1907
- Casady v. CasadyUtah Supreme Court · 1906
3Cited by10 opinions
- Hidden Meadows Development Co. v. MillsUtah Supreme Court · 1979
- Johnson Et Ux. v. BrinkerhoffUtah Supreme Court · 1936
- Gibson v. Equitable Life Assurance Society of the United StatesUtah Supreme Court · 1934
- MacKay v. BreezeUtah Supreme Court · 1928
- Peterson v. Union Pacific R. Co.Utah Supreme Court · 1932
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