Prye v. Kalbaugh
Utah Supreme Court
Appeal from District Court, Third District; M. L. Ritchie, Judge. Action by John Prye against Perry Jialbaugh and others. Prom a judgment for plaintiff against defendant Perry Kalbaugh, the latter appeals. APPELEANT'S' POINTS. ' Where under the evidence only one verdict could be rendered, it is hard for counsel to so far overstep the bounds as to cause a reversal, but where the evidence is close he is held strictly within bounds.
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Appeal from District Court, Third District; M. L. Ritchie, Judge. Action by John Prye against Perry Jialbaugh and others. Prom a judgment for plaintiff against defendant Perry Kalbaugh, the latter appeals. APPELEANT'S' POINTS. ' Where under the evidence only one verdict could be rendered, it is hard for counsel to so far overstep the bounds as to cause a reversal, but where the evidence is close he is held strictly within bounds. Some of the following cases show a reversal for much less- infraction than in the case at bar. (Brown v. Swineford, 44 Wis. 282, 28 Am. Rep. 582; Coe v. Van Why…
1Opinion of the CourtStuaup, J.
This is an action brought by plaintiff against Perry Xal-baugh, Xalbaugh Company, and the Bingham Consolidated Mining & Smelting Company, a corporation, defendants, to recover a money judgment for services alleged to have been rendered in digging a well. The case was tried to the court and a jury. Plaintiff had judgment against the defendant Perry Xalbaugh, ivlio prosecutes this appeal.
In the complaint it was alleged that the defendant Perry Xalbaugh ivas engaged in developing and operating rock quarries; that he sometimes carried on the business, in the name of Xalbaugh Company, a…
2Cases cited3 opinions
- Mangum v. Bullion, Beck & Champion Mining Co.Utah Supreme Court · 1897
- Olmstead v. DauphinyCalifornia Supreme Court · 1894
- Genter v. Conglomerate Mining Co.Utah Supreme Court · 1901
3Cited by4 opinions
- Shell Oil Co. v. StifflerUtah Supreme Court · 1935
- Silver v. HoltUtah Supreme Court · 1922
- O'Driscoll Constructors v. EMCASCO InsuranceDistrict Court, D. Utah · 2021
- Tyler Box & Lumber Mfg. Co. v. City Nat. Bank of ParisCourt of Appeals of Texas · 1916