Legal Opinion

Swanson v. De Vine

Utah Supreme Court

Decided November 16, 1916No. 2941PublishedCited by 4 opinions

Appeal from District Court, Second District; Hon. N. J. Harris, Judge. Action by Erick P. Swanson against Thomas A. De Vine, Sheriff of Weber County, Utah. Judgment for plaintiff. Defendant appeals.

1Opinion of the CourtStraup, C. J.

One Guernsey, in the name of the "Goodyear Shoe Repair Factory,” at Ogden City, was, as is alleged and found, the owner and in the possession of repair machinery, tools of trade, leather, and other material and goods used in his business or trade of shoe repairing. As to the character of his business the court found that:

"Shoe repairing was his principal trade or business. He was not a merchant, in the sense that he was engaged in selling merchandise distinct from repairs that he made for his patrons or customers, but would and did on occasions when requested by customers, sell, to the amount…

2Cases cited4 opinions

  1. Gallus v. ElmerMassachusetts Supreme Judicial Court · 1906
  2. Charges J. Off & Co. v. MoreheadIllinois Supreme Court · 1908
  3. McKay v. CalderwoodWashington Supreme Court · 1905
  4. Connecticut Steam Brown Stone Co. v. LewisSupreme Court of Connecticut · 1912

3Cited by4 opinions

  1. Fisk Rubber Company, Inc. v. Hinson Auto CompanySupreme Court of Arkansas · 1925
  2. Standard Oil Co. v. FoxDistrict Court, S.D. West Virginia · 1934
  3. Independent Breweries Co. v. LawtonMissouri Court of Appeals · 1918
  4. Byron v. Utah Copper Co.Utah Supreme Court · 1918

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API