Thirkfield v. Mountain View Cemetery Ass'n
Utah Supreme Court
■. Appeal from tbe District Court of the Fourth Judicial District. Hon. H. W. Smith, Judge. Action.by Frank L. Thirkfield against the Mountain View Cemetery Association for damages for wilful trespass.
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■. Appeal from tbe District Court of the Fourth Judicial District. Hon. H. W. Smith, Judge. Action.by Frank L. Thirkfield against the Mountain View Cemetery Association for damages for wilful trespass. From a judgment for plaintiff, defendant appeals. [ The record shows that the following stipulation was entered into between the counsel at the close of the court’s charge to the jury. ' “It is stipulated between counsel that such specific exceptions to the ..instructions as may be desired, may be taken at the time of preparing a statement on motion for a new trial, and that the same may have…
1Opinion of the Court
Bartch, J.:
This is an action in the nature of trespass quare clausum, fregit, and was brought against the defendant to recover damages for entering upon the plaintiff’s lot in the cemetery of the defendant company, and disinterring the body of a dead child, and interring the body of a stranger therein. Upon the trial of the cause a verdict in the sum of §1,150 was rendered in favor of the plaintiff, and judgment entered for that sum and costs. This appeal is from an order overruling a motion for a new trial and from the judgment.
The first point relied upon for reversal is a certain paragraph…
2Cases cited5 opinions
- Minneapolis & St. Louis Railway Co. v. BeckwithSupreme Court of the United States · 1889
- Denver & Rio Grande Railway v. HarrisSupreme Court of the United States · 1887
- Meagher v. DriscollMassachusetts Supreme Judicial Court · 1868
- Wilson v. FitchCalifornia Supreme Court · 1871
- Turner v. StevensUtah Supreme Court · 1892
3Cited by7 opinions
- Smith v. WadeSupreme Court of the United States · 1983
- Jacobus v. Congregation of ChildrenSupreme Court of Georgia · 1899
- Anderson v. AchesonSupreme Court of Iowa · 1907
- Louisville Cemetery Association v. DownsCourt of Appeals of Kentucky (pre-1976) · 1931
- Lebcher v. LambertUtah Supreme Court · 1900
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