Whipple v. Preece
Utah Supreme Court
Appeal from the Eourth District Court, Uintah County.— Hon. J: E. Booth, Judge. Action to recover damages for the conversion of certain property alleged to be of the value of $6,000. Erom a judgment in favor of the defendants, the plaintiff appealed. When the jury appeared defendant challenged the panel because summoned by Sheriff William Preece, one of the defendants in the case.
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Appeal from the Eourth District Court, Uintah County.— Hon. J: E. Booth, Judge. Action to recover damages for the conversion of certain property alleged to be of the value of $6,000. Erom a judgment in favor of the defendants, the plaintiff appealed. When the jury appeared defendant challenged the panel because summoned by Sheriff William Preece, one of the defendants in the case. We insist that it is not competent for a party to an action to have anything to do with the making up of the tribunal who shall decide the case. Such a practice is not in accordance with the common law and the…
1Opinion of the CourtBartch, J.
This action was brought to recover damages for the conversion of certain property alleged to be of the value of $6,000. The complaint, in substance, charges that the defendants unlawfully and maliciously took and carried away the property, and converted it to their own use. After denying this, the answer avers that the defendant Preece was the sheriff of Uintah county, where the transaction occurred; that defendants Tolliver and Ashton were his deputies; that as such officers they seized and cold the property under and by virtue of executions issued out of the district court to satisfy valid…
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