Legal Opinion

McCashland v. Keogh

Utah Supreme Court

Decided December 13, 1906No. 1771PublishedCited by 8 opinions

Appeal from District Court, Third District; T. D. Lewis, Judge. Action by Dolly McCasliland against P. S. Keogh, and another. Prom a judgment of nonsuit of the district court of Salt Lake county on appeal from the city court of Salt Lake City, plaintiff appeals. APPELLANT'S POINTS. Pull performance by plaintiff removes the case from the operation of the statute. (29 Enc.

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Appeal from District Court, Third District; T. D. Lewis, Judge. Action by Dolly McCasliland against P. S. Keogh, and another. Prom a judgment of nonsuit of the district court of Salt Lake county on appeal from the city court of Salt Lake City, plaintiff appeals. APPELLANT'S POINTS. Pull performance by plaintiff removes the case from the operation of the statute. (29 Enc. Law, p. 811, note 8. Bowman v. Sheets, 124 Ind. 416; Fraser v. Gates, 118 Ill. 99, 1 N. E. 817; Bless v. J.enhins, 129 Mo. 647, 31 N. W. 938; Lally v. Oroolcsion Lbr. Go. [Minn.], 88 N. W. 846; 3 Current Law, p. 1527, note…

1Opinion of the CourtErich, J.

This action originated in tbe city court of Salt Lake City. Tbe plaintiff sued to recover upon an alleged parol contract for personal services performed by her for tbe defendants. *15The amount involved was two hundred dollars. Plaintiff obtained a judgment in said court for the full amount against the defendant Keogh, from which he appealed to the district court of Salt Lake county. When the ease came on for trial in that court the plaintiff was nonsuited, and judgment dismissing the action, and for cofsts, was duly entered against her, from which she appeals to this court.

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2Cases cited1 opinion

  1. Garcia v. FreeUtah Supreme Court · 1906

3Cited by8 opinions

  1. State v. TaylorUtah Supreme Court · 1983
  2. Klinge v. Southern Pac. Co.Utah Supreme Court · 1936
  3. Woldberg v. Industrial CommissionUtah Supreme Court · 1929
  4. Thomas v. District Court of Box Elder CountyUtah Supreme Court · 1925
  5. State v. JaegerUtah Supreme Court · 1994

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