Snelgrove v. Earl
Utah Supreme Court
Appeal from district court, Salt Lake county; Ogden Hiles, Judge. Action by George H. Snelgrove against Rachel Earl and others. Judgment for plaintiff, and defendant Rachel Earl appeals. If these facts had been found upon, it would necessarily have appeared affirmatively that appellant was not negligent; that she used due care and that a person of ordinary prudence would not have taken any greater precautions than she took.
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Appeal from district court, Salt Lake county; Ogden Hiles, Judge. Action by George H. Snelgrove against Rachel Earl and others. Judgment for plaintiff, and defendant Rachel Earl appeals. If these facts had been found upon, it would necessarily have appeared affirmatively that appellant was not negligent; that she used due care and that a person of ordinary prudence would not have taken any greater precautions than she took. The case should be reversed, because the affirmative and material issues were not found upon; the law to this effect is well settled. Knight v. Boche, 56 Cal. 15; Brown v.…
1Opinion of the Court
MINER, J.:
This action was brought to foreclose a mortgage given to secure payment of a note executed by defendant Bachel Earl. The note was dated July 1,1891, and the mortgage was dated July 6, 1891. It does not appear that any objection was made concerning the execution of the note. The mortgage covered a piece of land 3x10 rods and another piece 4-J-xlO rods, owned by defendant. At the time of the execution of the mortgage, the defendant and her husband, H. W. Earl, were severally indebted to the respondent in an amount equal to the sum secured by the *323mortgage, and the respondent desired…
2Cases cited13 opinions
- Brison v. BrisonCalifornia Supreme Court · 1891
- Bedell v. HerringCalifornia Supreme Court · 1888
- Himmelman v. HenryCalifornia Supreme Court · 1890
- Kisling v. ShawCalifornia Supreme Court · 1867
- Fox v. HaarstickSupreme Court of the United States · 1895
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3Cited by8 opinions
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- Hennessy v. HolmesMontana Supreme Court · 1912
- Skliris v. MelisUtah Supreme Court · 1918
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