Brown v. Pickard
Utah Supreme Court
Appeal from a judgment of tbe district court of tbe third district and from an order refusing a new trial. Tbe opinion states tbe facts.
1Opinion of the Court
Powers, J.:
In tbis case no objection is made or exception taken to tbe sufficiency of tbe evidence, but it is claimed tbat there is a variance between tbe allegations of tbe complaint and tbe proofs. Tbe action was originally brought by the plaintiff against H. S. Campbell, W. L. Pickard, and H. C. Shurtliff, as copartners, doing business under tbe firm name of H. S. Campbell & Co. Tbe defendant Campbell was not served with process, and during tbe progress of tbe trial tbe plaintiff was allowed to strike from tbe complaint tbe name of tbe defendant Shurtliff, and dismiss bis case as to him.…
2Cited by4 opinions
- Lane v. Choctaw, Oklahoma & Gulf RailroadSupreme Court of Oklahoma · 1907
- H. C. Behrens Lumber Co. v. LagerSouth Dakota Supreme Court · 1910
- Kilpatrick-Koch Dry-Goods Co. v. BoxUtah Supreme Court · 1896
- Edwards v. California Sweet Potato Corp.California Court of Appeal · 1930