Yerrick v. District Court in & for Salt Lake County

I am unable to assent to the conclusion reached by the Chief Justice. I shall therefore, as briefly as possible, state the reasons that have impelled me to arrive at a contrary conclusion.

This case has already been before us twice. Investment Co. v. Hechler, 44 Utah, 64, 138 Pac. 1159, and again under the same title in 47 Utah 215, 152 Pac. 726. The questions in controversy in his proceeding, however, all arose with respect to the proceedings at the last trial of the case. As stated by the Chief Justice, the parties tried the case as a law case, but upon the verdict being .returned against…