McLaren v. Gillispie
Utah Supreme Court
Appeal from the Third District Court, Salt Lake County, Hon. A. G. Norrell, Judge. Action by plaintiff against defendant Gillispie as constable and his sureties on his official bond, for conversion. After plaintiffs had rested their case, defendant offered C. S. Patterson, defendant’s sole attorney, as a witness. The court on its own motion refused to permit the witness to testify except on condition that he retire from the case as attorney. This the witness refused to do.
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Appeal from the Third District Court, Salt Lake County, Hon. A. G. Norrell, Judge. Action by plaintiff against defendant Gillispie as constable and his sureties on his official bond, for conversion. After plaintiffs had rested their case, defendant offered C. S. Patterson, defendant’s sole attorney, as a witness. The court on its own motion refused to permit the witness to testify except on condition that he retire from the case as attorney. This the witness refused to do. Judgment was rendered for plaintiffs and defendant appealed.
1Opinion of the CourtMinee, J.
The defendant, Gillispie, as constable, levied an execution upon property claimed to belong to James Me Laren, and sold it as his property. Thereupon, Mary S. Mc-Laren, wife of James Me Laren, brought this suit against Gillispie and against Morris and Frewin as sureties on his official bond. The plaintiff was sworn on the trial on her own behalf. Upon cross-examination she was asked as to certain statements and admissions made by her as to the ownership of the property, which, if made, were calculated to affect her right to recover in the action. She denied making the statements. After the…
2Cited by6 opinions
- Erwin M. Jennings Co. v. DiGenovaSupreme Court of Connecticut · 1928
- Kahn v. McConnellSupreme Court of Oklahoma · 1913
- State v. GreeneUtah Supreme Court · 1910
- Denver & R. G. R. Co. v. WagnerCourt of Appeals for the Eighth Circuit · 1908
- Rose v. Agricultural Ditch & Reservoir Co.Supreme Court of Colorado · 1920
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