Legal Opinion

Dayton v. Free

Utah Supreme Court

Decided December 30, 1916No. 2936PublishedCited by 1 opinion

Appeal from District Court, Fourth District; Hon. A. B. Morgan, Judge. Garnishment by Ernest Dayton against the Snake Creek Mining and Tunnel Co. J. S. Free and another file a complaint in intervention. Judgment dismissing intervener’s complaint, they appeal.

1Opinion of the CourtFrick, J.

This is an appeal from a judgment dismissing a complaint in intervention. The material facts, briefly stated, are as follows: Ernest Dayton, hereinafter called plaintiff, on August 17, 1913, recovered a judgment in the district court of Wasatch County against Free and Taylor, hereinafter styled interveners, for the sum of $20,000. That judgment was affirmed by this court. Dayton v. Free et al., 46 Utah 277, 148 Pac. 408. The judgment, it seems, was not stayed pending the appeal, and hence an execution was immediately issued. Plaintiff also filed his affidavit, in which he alleged that the…

2Cases cited9 opinions

  1. Isaacs v. JonesCalifornia Supreme Court · 1898
  2. Dayton v. FreeUtah Supreme Court · 1914
  3. Coffey v. GreenfieldCalifornia Supreme Court · 1880
  4. McClellan v. StateSouth Dakota Supreme Court · 1911
  5. Dennis v. KolmCalifornia Supreme Court · 1900

4 more not listed; retrieve them via the Exa API.

3Cited by1 opinion

  1. Larson v. Olympic Finance Co. (In Re Larson)United States Bankruptcy Court, D. Utah · 1982

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