Whitney v. Fox
Supreme Court of the United States
APPEAL FROM THE SUPREME COURT OF THE TERRITORY OF UTAH. This is an appeal from a judgment of the Supreme Court of the Territory of Utah, affirming a judgment in favor of the defendant in an action brought in the year 1889 in the District Court of the Third District of that Territory by the appellant Whitney against the executors of Joab Lawrence, deceased.
Read the full summary
APPEAL FROM THE SUPREME COURT OF THE TERRITORY OF UTAH. This is an appeal from a judgment of the Supreme Court of the Territory of Utah, affirming a judgment in favor of the defendant in an action brought in the year 1889 in the District Court of the Third District of that Territory by the appellant Whitney against the executors of Joab Lawrence, deceased. The object of the suit was to establish the existence of a trust in his favor in certain real estate and stock, and to have an accounting in respect of the accumulations or profits of such property. The case made by the findings of fact is…
1Opinion of the Court
Mr. J üstioe Hablan,
after stating the facts, delivered the opinion of the court.
At the hearing of this cause in the inferior territorial court, the first testimony offered in plaintiff’s behalf was his own deposition, taken in a suit in the Supreme Court of New York, wherein he and Wood were plaintiffs and Joab Lawrence, then living, was the defendant — that case being substantially for the same cause of action presented in this case. The court ruled that Whitney’s deposition could not be received except for the purpose of impeaching him, nor was his evidence in the former action admissible,…
2Cases cited11 opinions
- Hammond v. HopkinsSupreme Court of the United States · 1892
- Badger v. BadgerSupreme Court of the United States · 1865
- Speidel v. HenriciSupreme Court of the United States · 1887
- Godden v. KimmellSupreme Court of the United States · 1879
- Hayward v. National BankSupreme Court of the United States · 1878
6 more not listed; retrieve them via the Exa API.
3Cited by45 opinions
- Carolene Products Co. v. United StatesSupreme Court of the United States · 1944
- Province v. ProvinceWest Virginia Supreme Court · 1996
- Kinter v. Commonwealth Trust Co.Supreme Court of Pennsylvania · 1922
- Jensen v. Intermountain Health Care, Inc.Utah Supreme Court · 1984
- Shapiro v. RubensCourt of Appeals for the Seventh Circuit · 1948
40 more not listed; retrieve them via the Exa API.