Brown v. Parsons
Utah Supreme Court
Appeal from the District Court of tbe Third Judicial District, Hon. Charles S. Zane, Judge. Claim and delivery by Louis Brown and others, as Brown Bros. & Co., again-st E. H. Parsons. There was a judgment for defendant, and from an order denying plaintiffs’ motion to set aside the same, they appeal. The motion to vacate the judgment, filed before the expiration of the term, is a direct attack upon the judgment, is proper, if not the only proceeding, available to appellants.
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Appeal from the District Court of tbe Third Judicial District, Hon. Charles S. Zane, Judge. Claim and delivery by Louis Brown and others, as Brown Bros. & Co., again-st E. H. Parsons. There was a judgment for defendant, and from an order denying plaintiffs’ motion to set aside the same, they appeal. The motion to vacate the judgment, filed before the expiration of the term, is a direct attack upon the judgment, is proper, if not the only proceeding, available to appellants. Vilas v. R. R. Co., 123 N. Y. 440, 20 Am. St. Eep. 771; Harshey v. Blackmarr, 20 la. 161, 89 Am. Dec. 530; Corbitt v.…
1Opinion of the Court
Miner, J.:
The record in this case shows that E. H. Parsons, as Hnited States marshal, seized the goods in question in this case by virtue of a writ issued in the case of L. Lisheimer et al. v. Louis Lapiner. Marcus Metz, acting as agent for the plaintiffs, then employed Bhodes & Nelson as attorneys to bring this action in claim "and delivery to obtain possession of the goods so seized by . Parsons. The goods were replevined upon the writ, and delivered over to Metz. Hpon the trial of this case, S. S. Markham appeared as attorney for the plaintiffs. The defendant obtained judgment for the…
2Cited by1 opinion
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