Homberger v. Alexander
Utah Supreme Court
Appeal from the District Court of the Third Judicial District. Hon. Samuel A. Merritt, Judge. Action by Meyer Homberger and Morris Koenigsberger, -copartners as M. Homberger & Co., against Daniel Alexander and Julia Alexander, copartners as Daniel Alexander ■& Co. From a verdict for plaintiff, Julia Alexander appeals. The statute authorizes the taking of depositions out of ■the state upon commission.
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Appeal from the District Court of the Third Judicial District. Hon. Samuel A. Merritt, Judge. Action by Meyer Homberger and Morris Koenigsberger, -copartners as M. Homberger & Co., against Daniel Alexander and Julia Alexander, copartners as Daniel Alexander ■& Co. From a verdict for plaintiff, Julia Alexander appeals. The statute authorizes the taking of depositions out of ■the state upon commission. It permits the parties to .select the commissioner, but delegates no other authority to them. It requires the commission to authorize the administering of the oath and to take the deposition and…
1Opinion of the Court
Smith, J.:
This action was brought in the Third District Court by-plaintiffs against the defendants as copartners upon a promissory note dated August 4, 1892, for $1,200, signed, “D. Alexander & Co.” The complaint charges that the defendants were copartners at the time of the making of the note, and that they as such made, executed, and' delivered the same to plaintiffs. No defense was made by D. Alexander, but Julia Alexander filed an answer, denying that she was a copartner with D. Alexander at the-time the note was made, and denied that she and D. Alexander, as copartners or otherwise,…
2Cases cited6 opinions
- Burnham v. WebsterMassachusetts Supreme Judicial Court · 1809
- Rail v. City National BankCourt of Appeals of Texas · 1893
- Lovejoy v. SpaffordSupreme Court of the United States · 1876
- Young v. TibbittsWisconsin Supreme Court · 1873
- Gooding v. UnderwoodMichigan Supreme Court · 1891
1 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
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- COLLETT v. GoodrichUtah Supreme Court · 1951
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