Wallace, Smuin & Co. v. McLaughlin
Utah Supreme Court
Appeal from the District Court of the Third Judicial District. Hon. Samuel A. Merritt* Judge. ' Proceedings supplementary to execution by Wallace, Smuin & Company, a corporation, and of the Symns Utah Grocer Company, a corporation, against F. J. McLaughlin and O. C. Lockhart. From judgments in favor of the plaintiffs in each case, defendants appeal. The judgments appealed from are entirely void. The order for examination and all the subsequent proceedings are yoid.
Read the full summary
Appeal from the District Court of the Third Judicial District. Hon. Samuel A. Merritt* Judge. ' Proceedings supplementary to execution by Wallace, Smuin & Company, a corporation, and of the Symns Utah Grocer Company, a corporation, against F. J. McLaughlin and O. C. Lockhart. From judgments in favor of the plaintiffs in each case, defendants appeal. The judgments appealed from are entirely void. The order for examination and all the subsequent proceedings are yoid. These proceedings are taken under section 3455, second volume, Comp. Laws of Utah Territory, p. 318; they are taken against third…
1Opinion of the Court
KING, J.:
Each of the above-named plaintiffs obtained judgment against the defendants on the 1st day of September,' 1893, and instituted proceedings supplemental to execution against the defendants and H. V. Kice, D. C. McLaughlin, and E. C. Williamson; and the court, ordered them to appear before a referee . “ tó answer concerning property, moneys, rights, and credits of the said defendants, F. J. McLaughlin and O. C. Lockhart.” At the hearing before the referee,. *428the only witnesses called were those against whom the proceedings were instituted. Their testimony, so far as it is necessary to a…
2Cases cited7 opinions
- Rodman v. . HenryNew York Court of Appeals · 1858
- West Side Bank v. . PugsleyNew York Court of Appeals · 1872
- Teller v. RandallNew York Supreme Court · 1862
- Hartman v. OlveraCalifornia Supreme Court · 1876
- McDowell v. BellCalifornia Supreme Court · 1890
2 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Ross v. BarnettCourt of Appeals of Utah · 2018
- Ryland v. Arkansas City Milling Co.Supreme Court of Oklahoma · 1907
- Cleverly v. District Court of Second Judicial Dist. Ex Rel. Davis CountyUtah Supreme Court · 1935