Schroeder v. Pratt
Utah Supreme Court
Appeal from the Second District Court, Weber County, Hon. H. H. Rolapp, Judge. ■ Action to set aside tho mortgage and note on the ground that it, was made without consideration and for the purpose of hindering and delaying creditors, and especially respondent. From a judgment for plaintiff, defendant appealed. ‘ ‘ The payment of a judgment may be proven by parol evidence, by separate written receipt, or by a receipt upon the record of the court.”
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Appeal from the Second District Court, Weber County, Hon. H. H. Rolapp, Judge. ■ Action to set aside tho mortgage and note on the ground that it, was made without consideration and for the purpose of hindering and delaying creditors, and especially respondent. From a judgment for plaintiff, defendant appealed. ‘ ‘ The payment of a judgment may be proven by parol evidence, by separate written receipt, or by a receipt upon the record of the court.” Hollenbeck v. 8'tanberry, 38 la., 325; Black on Judgments, Yol. II, Sec. 990. Green-leaf on Evidence, 14th ed., Yol. I, Sec. 302. Judgments are…
1Opinion of the Court · BasKinBasKin, J.
A motion to dismiss the appeal is made on the grounds that the judgment herein .was assigned in writing to P. J. Daly and Frank B. Stephens, and that the assignment was filed in the office of the clerk of the court below prior to the service of the notice of appeal on the respondent, A. T. Schroeder, and that no notice of appeal was served on the assignees of said judgment.
*181Such an assignment, under the provisions of Sec. 2920 of the Revised Statutes does not abate the action, but the same may be carried on in the name of the original party, or the court may allow the person to whom the…
Also in this document: Opinion of the Court · Baskin; Concurrence.
2Cases cited5 opinions
- North Point Consolidated Irrigation Co. v. Utah & Salt Lake Canal Co.Utah Supreme Court · 1898
- Clawson v. WallaceUtah Supreme Court · 1898
- McKay v. FarrUtah Supreme Court · 1897
- Sidney Stevens Implement Co. v. South Ogden Land, Building & Improvement Co.Utah Supreme Court · 1899
- Weatherford v. CunninghamIllinois Supreme Court · 1859
3Cited by5 opinions
- Schettler v. LynchUtah Supreme Court · 1901
- Manufacturers Life Insurance Co. v. Von Hamm-YoungHawaii Supreme Court · 1937
- Rockhill v. CreerUtah Supreme Court · 1920
- Sandberg v. Victor Gold & Silver Mining Co.Utah Supreme Court · 1901
- Wright v. Seattle Grocery Co.Washington Supreme Court · 1918