Allen v. Allen
Utah Supreme Court
Appeal from District Court, First District; Hon. J. D. Call, Judge. Action by H. H. Allen against Joseph S. Allen. Judgment for plaintiff. Defendant appeals.
1Opinion of the CourtStraup, C. J.
The plaintiff and the defendant, both residents of Utah, own adjoining lands in Idaho. The complaint is in four counts, that the defendant’s cattle at different times entered upon different lands of the plaintiff and ate and destroyed his wheat in stacks, cut and severed from his lands. The plaintiff had judgment, from which the defendant appeals.
1 The first point made is that the action is local and the Utah courts without jurisdiction of subject-matter. No damages are alleged, claimed, or awarded for injury to the realty They were only for the loss of the wheat in stacks. The wheat cut and…
2Cases cited4 opinions
- McKenna v. FiskSupreme Court of the United States · 1843
- McGonigle v. AtchisonSupreme Court of Kansas · 1885
- Kobayashi v. StrangewayWashington Supreme Court · 1911
- Spencer v. MorganIdaho Supreme Court · 1905
3Cited by2 opinions
- Dorman v. ErieMontana Supreme Court · 1922
- GIBBONS v. BRIMM Et Ux.Utah Supreme Court · 1951