Mackey v. Enzensperger
Utah Supreme Court
Appeal from the District Court of the Third Judicial District. Hon. Charles S. Zane, Judge. ~ Action by C. E. Mackey against Frank Enzensperger. There was a verdict for the defendant, and from a judgment dismissing the complaint, plaintiff appeals. [The court has followed the ruling in Hess v. White, in Publishing Go. v. Brewing Co., 10 Utah, 147] Tuclcer y.
Read the full summary
Appeal from the District Court of the Third Judicial District. Hon. Charles S. Zane, Judge. ~ Action by C. E. Mackey against Frank Enzensperger. There was a verdict for the defendant, and from a judgment dismissing the complaint, plaintiff appeals. [The court has followed the ruling in Hess v. White, in Publishing Go. v. Brewing Co., 10 Utah, 147] Tuclcer y. Salt Lake City, Id. 173] Wolf Co. v. Brewing Co., Id. 179] Riley v. Rapid Transit Co., Id. 428. The case of Publishing Co. v. Brewing Co., is now on appeal to the supreme court of the United States and the decision of that court upon this…
1Opinion of the Court
Bartoh, J.:
The plaintiff brought this action to recover upon a judgment for $1,763.77, obtained against the defendant in the state of Colorado, which judgment the plaintiff claims has never been paid. The defendant, in his answer, has set up full payment and satisfaction. The jury, by a verdict, concurred in by nine of their number, found the issues for the defendant, and the court entered judgment thereon, dismissing the plaintiff’s complaint, and for costs in favor of the defendant. From this action of the court the plaintiff appealed, and the sole question raised is whether a verdict,…
2Cases cited1 opinion
- Hess v. WhiteUtah Supreme Court · 1893
3Cited by1 opinion
- MacDonald v. MacDonaldUtah Supreme Court · 1951