Haddock v. Salt Lake City
Utah Supreme Court
Appeal from District Court, Salt Lake County. — Hon. A. N. Cherry, Judge. Action by Benjamin R. Haddock against Salt Lake City. From a judgment in favor of plaintiff, defendant appeals. Tbe plaintiff brought this action to recover of the defendant $422.28 for services alleged to have been performed for it by him as constable.
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Appeal from District Court, Salt Lake County. — Hon. A. N. Cherry, Judge. Action by Benjamin R. Haddock against Salt Lake City. From a judgment in favor of plaintiff, defendant appeals. Tbe plaintiff brought this action to recover of the defendant $422.28 for services alleged to have been performed for it by him as constable. It is alleged in the complaint, substantially, that between June 10 and September 14, 1899, the plaintiff served two hundred and eighty-seven summonses and twelve ’ executions in cases wherein Salt Lake City, the defendant herein, was plaintiff; that in those cases the…
1Opinion of the Court 1
After a statement of tbe case as above,
2Opinion of the Court · BaRtci-iBaRtci-i, J.
The appellant contends that the court erred in its action respecting the amended answer and the proof offered in bar of the action, and we are of the opinion that this contention is well founded. It is true, the contract in question is not specifically referred to or set forth in the complaint, but it is alleged in the complaint that the “defendant agreed to pay the plaintiff” certain specified sums for serving summonses and executions in actions instituted by it for the purpose of recovering poll taxes due and owing it. The allegations are such that the…
3Cases cited19 opinions
- Nellis v. ClarkNew York Supreme Court · 1838
- Inhabitants of Worcester v. EatonMassachusetts Supreme Judicial Court · 1814
- Richardson v. BuhlMichigan Supreme Court · 1889
- Vulcan Powder Co. v. Hercules Powder Co.California Supreme Court · 1892
- Short v. Bullion-Beck & Champion Mining Co.Utah Supreme Court · 1899
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4Cited by4 opinions
- Obradovich v. Walker Bros. BankersUtah Supreme Court · 1932
- Citizens' State Bank of Newton v. RoweSouth Dakota Supreme Court · 1915
- Baker v. LatsesUtah Supreme Court · 1922
- Dull v. Mammoth Mining Co.Utah Supreme Court · 1905