Salt Lake Inv. Co. v. Stoutt
Utah Supreme Court
Appeal from the District Court of Salt Labe County, Third District; Hon. Harold M. Stephens, Judge. Action by the Salt Lake Investment Company against J. M. Stoutt. Judgment for plaintiff. Defendant appeals.
1ConcurrenceFrick, J.
I concur. I feel constrained, however, to say that I yield assent to the result reached by Mr. Justice THURMAN only because the answer of appellant does not present the real defense he might have interposed to the action, and that in view of his conduct, which is set forth by my Associate, the district court did not abuse its discretion in denying the motion for a new trial. ' In my judgment the appellant had a good defense if he had properly availed himself of it at the proper time, for the following reasons: Our statute (Comp. Laws 1917, section 7230), so far as material here, reads:
"There…
2Cases cited4 opinions
- Boucofski v. JacobsenUtah Supreme Court · 1909
- Coburn v. BartholomewUtah Supreme Court · 1917
- Lombard v. Columbia Nat. Life Ins.Utah Supreme Court · 1917
- Robison v. GullUtah Supreme Court · 1918