Farr v. Swigart
Utah Supreme Court
Appeal from the judgment of the district court of the Fourth judicial district, Territory of Utah, Hon. H. W. Smith, Judge. Action by Martha D. Farr against W. R. Swigart and the Consolidated Implement Company for a forcible and malicious trespass upon real estate, and for the conversion of personal property. Judgment for plaintiff. Defendants appeal.
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Appeal from the judgment of the district court of the Fourth judicial district, Territory of Utah, Hon. H. W. Smith, Judge. Action by Martha D. Farr against W. R. Swigart and the Consolidated Implement Company for a forcible and malicious trespass upon real estate, and for the conversion of personal property. Judgment for plaintiff. Defendants appeal. The court erred in refusing to permit the witness Martha D. Farr to answer the following question upon cross-examination: “Q. Mrs. Farr, I will ask you to state if in and about the time this horse was conveyed or given to you in the month of…
1Opinion of the Court
Miner, J.:
This is an action against the defendant Swigart and the Consolidated Implement Company for an alleged forcible and malicious trespass, and for conversion of personal property. The first count in the complaint alleges “that defendants wrongfully, forcibly, and maliciously entered upon the plaintiff’s premises, and by force broke open a lock on the door of the barn, and forcibly and maliciously took therefrom one horse of the plaintiff, valued at $250.” The second cause of action is the same as the first, except that the horse taken is valued at $200. The answer of defendant Swigart…
2Cases cited12 opinions
- Clark v. KillianSupreme Court of the United States · 1881
- Geary v. PeopleMichigan Supreme Court · 1871
- Lowe v. Salt Lake CityUtah Supreme Court · 1896
- Kane v. DesmondCalifornia Supreme Court · 1883
- Culmer v. WilsonUtah Supreme Court · 1896
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