Legal Opinion

McCarthy v. State

Utah Supreme Court

Decided December 22, 1953No. 8037PublishedCited by 13 opinions

1Opinion of the Court

CROCKETT, Justice.

Plaintiff, Daniel McCarthy, appeals from an order of dismissal entered by Third District Judge David T. Lewis, which he based- upon the ground'that a prior judgment of dismissal in the U. S. District' Court for Utah was res judicata of this action.

The controversy arose out of a contract by which Mr. McCarthy undertook to do certain work upon a monument at the mouth of' Emigration Canyon commemorating the arrival of the Mormon Pioneers in Salt Lake' Valley. The other contracting party, was the “This is the Place Monument Commission,” a committee' of citizens appointed by the…

2Cases cited8 opinions

  1. Southern Pacific Railroad v. United StatesSupreme Court of the United States · 1897
  2. American Surety Co. v. BaldwinSupreme Court of the United States · 1932
  3. United Shoe MacHinery Corp. v. United StatesSupreme Court of the United States · 1922
  4. Reed v. AllenSupreme Court of the United States · 1932
  5. Forsyth v. HammondSupreme Court of the United States · 1897

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3Cited by13 opinions

  1. Stucker v. County of MuscatineSupreme Court of Iowa · 1958
  2. Mib, Inc. v. Superior CourtCalifornia Court of Appeal · 1980
  3. Dairy Distributors, Inc. v. Western Conference of TeamstersCourt of Appeals for the Tenth Circuit · 1961
  4. Matosantos Commercial Corp. v. Applebee's International, Inc.District Court, D. Kansas · 1999
  5. Matosantos Commercial Corp. v. Applebee's International, Inc.District Court, D. Kansas · 1999

8 more not listed; retrieve them via the Exa API.

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