Smith v. Fisher
Utah Supreme Court
Appeal from tbe Second District Court, Weber County.— Hon. H. H. Rolxcpp, Judge. Action against tbe sureties upon an attachment bond. From a judgment in favor of tbe plaintiff, tbe defendant Eisber appealed. This verdict is clearly bad.
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Appeal from tbe Second District Court, Weber County.— Hon. H. H. Rolxcpp, Judge. Action against tbe sureties upon an attachment bond. From a judgment in favor of tbe plaintiff, tbe defendant Eisber appealed. This verdict is clearly bad. Tbe authorities are to tbe effect that when several distinct causes of action are united in one complaint in separate counts tbe verdict must find separately upon each count as otherwise it can not be known to which count or counts a general verdict applies. 2 Thompson on Trials, sec. 2640; Bricker v. Mo. Pac. Co., 83 Mo. 391, 394; Lancaster v. Ins. Co., 92…
1Opinion of the CourtBaskin, J.
A separate and distinct cause of action, based upon an undertaking for an attachment, is alleged in each of tbe three counts of tbe complaint. Tbe allegations of each count are as follows: ' “(1) That on tbe second day of January, 1901, tbe Sparks-PIarrell Company, a corporation, *509began an action in tbe justice court of Wells township, county of Elko, State of Nevada, against this plaintiff, and caused an attachment to be issued out of said court, and levied upon certain sheep and bucks of plaintiff, then in said county of Elko, and caused the same to be taken in charge by a constable of said…
2Cases cited3 opinions
- Naylor v. Salt Lake CityUtah Supreme Court · 1894
- People of the Territory v. PeacockUtah Supreme Court · 1887
- Welsh v. LambertUtah Supreme Court · 1898