McCashland v. Keogh
Utah Supreme Court
Appeal from District Court, Third District; T. D. Lewis, Judge. Action by Dolly McCasliland against P. S. Keogh, and another. Prom a judgment of nonsuit of the district court of Salt Lake county on appeal from the city court of Salt Lake City, plaintiff appeals. APPELLANT'S POINTS. Pull performance by plaintiff removes the case from the operation of the statute. (29 Enc.
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Appeal from District Court, Third District; T. D. Lewis, Judge. Action by Dolly McCasliland against P. S. Keogh, and another. Prom a judgment of nonsuit of the district court of Salt Lake county on appeal from the city court of Salt Lake City, plaintiff appeals. APPELLANT'S POINTS. Pull performance by plaintiff removes the case from the operation of the statute. (29 Enc. Law, p. 811, note 8. Bowman v. Sheets, 124 Ind. 416; Fraser v. Gates, 118 Ill. 99, 1 N. E. 817; Bless v. J.enhins, 129 Mo. 647, 31 N. W. 938; Lally v. Oroolcsion Lbr. Go. [Minn.], 88 N. W. 846; 3 Current Law, p. 1527, note…
1Opinion
*16ON REHEARING.
In this case counsel for appellant have filed a petition and argument for rehearing, in which it is strenuously insisted that the conclusions reached in the case of Garcia v. Free, 88 Pac. 30, decided by this court at this term, are erroneous, and, in view that the decision in this case is based entirely upon that, therefore, the decision in this case is likewise erroneous. In view of the importance of the questions presented, and in deference to counsel’s contentions, we have again carefully gone over the whole subject discussed in the Garcia Case as supplemented by -the…
2Cases cited10 opinions
- North Point Consolidated Irrigation Co. v. Utah & Salt Lake Canal Co.Utah Supreme Court · 1896
- Crooks v. Fourth Judicial District Court of UtahUtah Supreme Court · 1899
- Garcia v. FreeUtah Supreme Court · 1906
- Commonwealth v. MessengerMassachusetts Supreme Judicial Court · 1808
- Tootle v. FrenchIdaho Supreme Court · 1891
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