Guthiel v. Gilmer
Utah Supreme Court
Appeal from the Third District Court, Salt Lake County. — Eon. 8. W. Stewart, Judge. Action upon a contract. The defendant, O. X' Salisbury, .was the only member of the. partnership served with summons and the only defendant vdio answered in the case. Prom a judgment in favor of the plaintiff, the defendant Salisbury appealed. STATEMENT OE EACTS.
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Appeal from the Third District Court, Salt Lake County. — Eon. 8. W. Stewart, Judge. Action upon a contract. The defendant, O. X' Salisbury, .was the only member of the. partnership served with summons and the only defendant vdio answered in the case. Prom a judgment in favor of the plaintiff, the defendant Salisbury appealed. STATEMENT OE EACTS. The plaintiff, as administratrix of thé'' estate of Moroni Williams, originally commenced this: action on the 13th day of October, 1899, in the Third Judicial Dis: triet Court of this State, against J. T. Gilmer, Monroe Salisbury and O. J. Salisbury,…
1Opinion of the CourtMcCARTY, J.
1 The first question presented by this appeal is that of res adjudicaba. Appellant contends that this action can not be maintained for the reason that the questions involved have been litigated and adjudicated in a former action. The judgment relied upon as an es-toppel in this case was a judgment of nonsuit, and not as contended by appellant, a judgment on the merits. Section 3181 of the Revised Statutes of 1898 provides, so far as material here, as follows: “An action may be dismissed, or a judgment of nonsuit entered in the following cases: . . . (5) By the court upon- motion of the…
Also in this document: Concurrence.
2Cases cited13 opinions
- Dill v. PopeSupreme Court of Kansas · 1883
- Davidson v. KnoxCalifornia Supreme Court · 1885
- McKay v. Montana Union Railway Co.Montana Supreme Court · 1892
- Couch v. WelshUtah Supreme Court · 1901
- Gummer v. Trustees of OmroWisconsin Supreme Court · 1880
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3Cited by9 opinions
- Madsen v. BorthickUtah Supreme Court · 1988
- Smalley v. Rio Grande Western Ry. Co.Utah Supreme Court · 1908
- Bennetts v. Silver Bow Amusement Co.Montana Supreme Court · 1922
- Cowan v. TrembleCalifornia Court of Appeal · 1931
- Robinson v. Salt Lake CityUtah Supreme Court · 1910
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