Smith v. Richardson
Utah Supreme Court
Appeal from the Third Judicial District Court. The facts are stated in the opinion of the court. No brief on file. When fraud enters into a cause, either as a ground of complaint or defense, a wide latitude is allowed in the introduction of evidence either 'pro or con. We would call the particular attention of this court to the wide latitude allowed defendants in the trial below, and in strong contrast therewith the strict, iron-clad rule applied to plaintiffs throughout.
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Appeal from the Third Judicial District Court. The facts are stated in the opinion of the court. No brief on file. When fraud enters into a cause, either as a ground of complaint or defense, a wide latitude is allowed in the introduction of evidence either 'pro or con. We would call the particular attention of this court to the wide latitude allowed defendants in the trial below, and in strong contrast therewith the strict, iron-clad rule applied to plaintiffs throughout. Although we deem it almost unnecessary to support the above proposition of law by precedents, yet we will cite the…
1Opinion of the CourtBoeemaN, J.
The appellants (defendants below) made their application for patent to the Teresa mine, and respondents filed their adverse claim thereto, alleging their rights thereto under the Richmond mine location; and thereupon, within the time prescribed by law, respondents brought their bill in chancery to quiet title. Issues out of chancery were submitted to a jury, and the jury found for the plaintiffs on all the issues. The court below disregarded the findings of the jury, made other findings, adopting a portion of the findings of the jury, and, on motion, gave judgment for the defendants. The…
2Cases cited6 opinions
- Basey v. GallagherSupreme Court of the United States · 1875
- Duff v. FisherCalifornia Supreme Court · 1860
- Bates v. GageCalifornia Supreme Court · 1874
- Wingate v. FerrisCalifornia Supreme Court · 1875
- Still v. SaundersCalifornia Supreme Court · 1857
1 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Kesler Ex Rel. Kesler v. RogersUtah Supreme Court · 1975
- Kemp v. Zions First National BankUtah Supreme Court · 1970
- Toltec Ranch Co. v. CookUtah Supreme Court · 1902