Legal Opinion

Stevens v. South Ogden Land, Building & Improvement Co.

Utah Supreme Court

Decided December 9, 1896No. 736PublishedCited by 5 opinions

Appeal from tbe Second district court, Weber county, Hon. H. H. Balapp, Judge. Action by Sidney Stevens and others against the South Ogden Land, Building & Improvement Company and 'Others, to set aside conveyances and for the appointment of a receiver. From a judgment sustaining the demurrer to-the complaint, plaintiffs appeal.

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Appeal from tbe Second district court, Weber county, Hon. H. H. Balapp, Judge. Action by Sidney Stevens and others against the South Ogden Land, Building & Improvement Company and 'Others, to set aside conveyances and for the appointment of a receiver. From a judgment sustaining the demurrer to-the complaint, plaintiffs appeal. Sec. 3220 Compiled Laws ’88, provides that certain causes of action may be united in the same complaint, but they all must belong to one only of certain classes, and must affect all the parties to the action and must he separately stated. The California code is the…

1Opinion of the Court

Zane, C. J.:

The court below having .sustained a demurrer to the complaint, and plaintiffs having failed to amend, the court entered a judgment dismissing the action, from which the plaintiffs have taken this appeal.

The complaint contains numerous allegations, among which are the following: That the South Ogden Land, Building & Improvement Company was incorporated on the 18th day of April, 1892, with authority to buy and sell real estate, build roads, parks', hotels, railways, boulevards, pleasure resorts, and d'o a general contracting and building business, to construct water ditches, canals,…

2Cases cited5 opinions

  1. Williams v. BankheadSupreme Court of the United States · 1874
  2. Fellows v. FellowsCourt for the Trial of Impeachments and Correction of Errors · 1825
  3. Donovan v. DunningSupreme Court of Missouri · 1879
  4. North v. BradwaySupreme Court of Minnesota · 1864
  5. Bobb v. BobbSupreme Court of Missouri · 1882

3Cited by5 opinions

  1. Jau-Fei Chen v. StewartUtah Supreme Court · 2004
  2. Richardson v. Arizona Fuels Corp.Utah Supreme Court · 1980
  3. Hall v. NieukirkIdaho Supreme Court · 1906
  4. Cahall v. LoflandCourt of Chancery of Delaware · 1920
  5. Pitts v. New Mammoth Gold Mining Co.Utah Supreme Court · 1901

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