Burt & Carlquist Co. v. Marks
Utah Supreme Court
Appeal from the District Court of Salt Lake County, Third District; Hon. II. M. Stephens, Judge. Action by the Burt & Carlquist Company against C. E. Marks and John Anderson, wherein defendant Anderson filed a cross-complaint. Judgment for defendants. Plaintiff appeals. STATEMENT OF FACTS.
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Appeal from the District Court of Salt Lake County, Third District; Hon. II. M. Stephens, Judge. Action by the Burt & Carlquist Company against C. E. Marks and John Anderson, wherein defendant Anderson filed a cross-complaint. Judgment for defendants. Plaintiff appeals. STATEMENT OF FACTS. On or about September 1, 1912, John Anderson, inter-pleaded defendant and cross-complainant, was the owner of a piece of real estate, consisting of about three acres, situated in Salt Lake County, Utah. Some time during the early part of September, 1912, the property was listed for sale with Gundry & Co., a…
1Opinion of the CourtMeCARTY, J.
(after stating the facts as above).
One of the grounds upon which the validity of the judgment is assailed by appellant is that the district court exceeded its jurisdiction by permitting respondent Anderson to amend his answer and counterclaim and by rendering judg*81ment thereon for a sum in excess of the amount that the' city court had jurisdiction to try and determine.
Comp. Laws 1907, section 686x10, provides, so far as material here, that city courts “have civil jurisdiction * * * in actions arising on contract, for the recovery of money only, if the sum claimed is less than $500.” Section…
2Cases cited9 opinions
- Randolph County v. RallsIllinois Supreme Court · 1856
- Holmes v. CathcartSupreme Court of Minnesota · 1903
- Burke v. BoursCalifornia Supreme Court · 1891
- Easterly v. MillsWashington Supreme Court · 1909
- Neighbor v. Pacific Realty Ass'nUtah Supreme Court · 1912
4 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Olds Bros. Lumber Co. v. RushingArizona Supreme Court · 1946
- Hardy v. MeadowsUtah Supreme Court · 1928
- Tatsuno v. KasaiUtah Supreme Court · 1927
- Senn v. Spartanburg CountySupreme Court of South Carolina · 1940
- Devlin v. District Court of Weber CountyUtah Supreme Court · 1919
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