Cummings v. Nielson
Utah Supreme Court
Appeal from District Court, Third' District; Hon. Geo. 'G. Armstrong, Judge. Action by Horace M. Cummings and wife against Christion Nielson and others. Judgment for defendants. Plaintiffs appeal.
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Appeal from District Court, Third' District; Hon. Geo. 'G. Armstrong, Judge. Action by Horace M. Cummings and wife against Christion Nielson and others. Judgment for defendants. Plaintiffs appeal. APPELLANTS" POINTS. . It has been held repeatedly by this court that in a motion for a nonsuit, the moving party must, in his motion specify particularly the points relied on for such nonsuit, and thereby call the attention of the court and the opposite party to .the points of his objection. (White v. Rio Grande W. R. Go., 22 TJtah, 138, 61 Pac. 568; Smalley v. Rio Grande W. R. Go., 34 Utah, 423, 98…
1Opinion of the CourtFrick, C. J.
Appellants brought this action for specific performance of the agreement hereinafter set forth. After hearing appellants’ evidence, the district court, upon motion of all the respondents, granted a nonsuit and entered judgment dismissing the action, from which this appeal is prosecuted.
The pleadings are very voluminous; but, in view of the course of the proceedings and the result reached in the district court, we do not deem it necessary to set them forth. Nor is it deemed necessary to refer at length to the evidence adduced at the trial. We shall, however, refer to such parts of the…
2Cases cited1 opinion
- Easton v. ThatcherUtah Supreme Court · 1891
3Cited by36 opinions
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- Shayeb v. HollandMassachusetts Supreme Judicial Court · 1947
- Ferris v. JenningsUtah Supreme Court · 1979
- Coulter & Smith, Ltd. v. RussellUtah Supreme Court · 1998
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