Enright v. Grant
Utah Supreme Court
Appeal from a decree of the district court of the third district, and from an order refusing- to set aside a decree rendered upon default and to open the default. The allegations of the complaint appear sufficiently from the opinion, also the grounds of demurrer.
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Appeal from a decree of the district court of the third district, and from an order refusing- to set aside a decree rendered upon default and to open the default. The allegations of the complaint appear sufficiently from the opinion, also the grounds of demurrer. The demurrer was overruled on the 20th day of February, 1886. Default was entered on the 1st day of July, 1886. Findings were made and filed, and decree rendered on the 23d day of October, 1886. On the 10th day of February, 1887, the defendants moved to set aside the decree and open the default, which was overruled on the 12th day of…
1Opinion of the Court
Henderson, J.:
The complaint in this case is in the nature of a judgment creditor’s bill. It avers that plaintiffs Enright and Kelly are copartners; that as such, on the thirty-first day of December, 1883, they recovered a judgment in the *337third district court against Richard Grant for $866.55 and costs, and that on that day an execution was issued and delivered to the sheriff of Summit county, where the defendants reside: “that said execution has been duly returned by said sheriff wholly unsatisfied;” that on the ninth day of April, 1884, the plaintiff Bremer obtained a judgment against…
2Cases cited19 opinions
- Case v. BeauregardSupreme Court of the United States · 1880
- National Bank v. County of YanktonSupreme Court of the United States · 1880
- Robinson v. CampbellSupreme Court of the United States · 1818
- Turner v. AdamsSupreme Court of Missouri · 1870
- Cornell v. RadwayWisconsin Supreme Court · 1867
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3Cited by10 opinions
- McCutcheon v. Superior CourtCalifornia Court of Appeal · 1933
- Ogden State Bank v. BarkerUtah Supreme Court · 1895
- Cann v. George B. Williams Land & Livestock Co.Nevada Supreme Court · 1935
- Brereton v. MillerUtah Supreme Court · 1891
- Cleverly v. District Court of Second Judicial Dist. Ex Rel. Davis CountyUtah Supreme Court · 1935
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