Tarpey v. Sharp
Utah Supreme Court
Appeal from the District Court of the Fourth Judicial District. Hon. Harvey W. Smith, Judge. Action by D. P. Tarpey against John Sharp, James ■Sharp, and William G-. Sharp, executors of the last will and testament of John Sharp, deceased, on a supersedeas bond to recover the value"of the rents and profits of certain premises pending error in the Supreme Court of the United States. From a judgment for plaintiff, defendants, appeal.
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Appeal from the District Court of the Fourth Judicial District. Hon. Harvey W. Smith, Judge. Action by D. P. Tarpey against John Sharp, James ■Sharp, and William G-. Sharp, executors of the last will and testament of John Sharp, deceased, on a supersedeas bond to recover the value"of the rents and profits of certain premises pending error in the Supreme Court of the United States. From a judgment for plaintiff, defendants, appeal. In this case, however, while the action is to recover for the use and occupation of the premises or the value of the rents, the action is in form upon contract,…
1Opinion of the Court
Extra, J.:
In 1885, plaintiff brought an action in ejectment against the Deseret Salt Company to recover possession of certain lands near the' north end of Salt Lake. From verdict and judgment in his favor the defendant company appealed to the supreme court of the territory, where an affirmance of the judgment of the lower court was had. 5 Utah, 494, 17 Pac. 631. Thereupon, by writ of error, the case was taken to the Supreme Court of the United States, and the judgment of the supreme court of Utah affirmed. 142 U. S. 241, 35 L. Ed. 999, 12 Sup. Ct. 158. Upon suing out the writ of error, a…
2Cases cited7 opinions
- Kountze v. Omaha Hotel Co.Supreme Court of the United States · 1883
- Deseret Salt Co. v. TarpeySupreme Court of the United States · 1891
- Jerome v. McCarterSupreme Court of the United States · 1874
- Roberts v. CooperSupreme Court of the United States · 1856
- Crane v. WeymouthCalifornia Supreme Court · 1880
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3Cited by3 opinions
- First Nat. Bank Bldg. Co. v. RiddleSupreme Court of Oklahoma · 1920
- AMERICAN HOLDING COMPANY v. HansonUtah Supreme Court · 1970
- AMERICAN HOLDING COMPANY v. HansonUtah Supreme Court · 1970