Thomson v. Reynolds
Utah Supreme Court
Appeal from the District Court of Salt Lake County, Third District; Hon. C. W. Morse, Judge. Action by Matthew MeB. Thomson against Charles Reynolds and Mary Atkinson. Judgment for plaintiff. Defendants appeal.
1ConcurrenceMcCARTY, J.
I concur in the order reversing the judgment. I am of the opinion, however, that the trial court should be directed to dismiss the action, and hence I dissent from the order directing the lower court to permit the parties to recast their pleadings and to permit plaintiff to substitute for this action another and different kind of action.
The purport of the prevailing opinion, if I correctly" understand it, and the order directing the lower court to permit the pleadings to be amended, is to permit the plaintiff to convert this case, which is a law action, ‘into an equitable action. In other…
2Cases cited8 opinions
- Texas Land & Loan Co. v. BlalockTexas Supreme Court · 1890
- Niles v. CooperSupreme Court of Minnesota · 1906
- Dickey v. LyonSupreme Court of Iowa · 1865
- Toland v. CoreyUtah Supreme Court · 1890
- Neponset Land & Live Stock Co. v. DixonUtah Supreme Court · 1894
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