Bolitho v. East
Utah Supreme Court
Appeal from District Court, Fourth District, Eon. A. B. Morgan, Judge. Action by Mrs. H. M. Bolitho against Henry East, Sheriff of Utah County, and others. Judgment for defendant. Plaintiff appeals. RESPONDENTS ’ POINTS.
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Appeal from District Court, Fourth District, Eon. A. B. Morgan, Judge. Action by Mrs. H. M. Bolitho against Henry East, Sheriff of Utah County, and others. Judgment for defendant. Plaintiff appeals. RESPONDENTS ’ POINTS. To the effect that parol evidence is admissible to identify the property referred to in the lease we cite the following authorities: 6 Cyc. 1034, where the rule is stated as follows: “A detailed description of the subject matter of a mortgage is frequently insufficient when taken alone to indicate the property conveyed, the general rule of law is that parol evidence is…
1Opinion of the CourtFrick, J.
The plaintiff, appellant here, brought this action against the defendant Henry East, as Sheriff of Utah County, to obtain possession of four registered mares and one registered stallion, which were taken by said sheriff upon a writ of attachment issued against one R. L. Bolitho, the husband of appellant. The complaint is in the usual form in actions of replevin or claim and delivery as those actions are denominated in our statute. After the service of summons on the sheriff he appeared and asked that the defendants Thomas Featherstone, Sr., and Emma S. Featherstone be made parties defendant…
2Cases cited6 opinions
- Dann v. CudneyMichigan Supreme Court · 1865
- Westminster Investment Co. v. McCurtainUtah Supreme Court · 1911
- Houck v. LinnNebraska Supreme Court · 1896
- Jones v. DorrIndiana Supreme Court · 1862
- Hotchkiss v. AshleySupreme Court of Vermont · 1872
1 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- G. S. Johnson Co. v. Nevada Packard Mines Co.District Court, D. Nevada · 1920
- Park v. HudsonSupreme Court of Minnesota · 1923