Legal Opinion · Concurrence

Johnson v. Durnell, Sheriff

Utah Supreme Court

Decided September 18, 1939No. 6068Published

1ConcurrencePratt, Justice

I concur in affirming the lower Court’s decision. I shall treat the judgment erroneously entered in the city court by the clerk as a valid judgment in view of the fact that the parties to the action so treated it before the trial court from which this appeal is taken. By the terms of the contract, title remained with the C. I. T. until the indebtedness was fully paid; but this does not mean that the C. I. T. by its own acts could not divest itself of that title. By the weight of authority in this country, obtaining a judgment for the value of property, wrongfully taken or retained, does not…

2Cases cited3 opinions

  1. Davidhizar v. Elgin Forwarding Co.Oregon Supreme Court · 1918
  2. John A. Tolman Co. v. WaiteMichigan Supreme Court · 1899
  3. Hodur v. CuttingAppellate Court of Illinois · 1928

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