Zuniga v. Evans

FOLLAND, Justice.

I concur. The decision disapproves a statement in a previous decision of this court in Smith v. Edwards, 81 Utah 244, 17 P. (2d) 264, 267, to the effect that “to allege that a person is ‘insolvent’ is alleging a pure conclusion,” and holds that an allegation of insolvency is the allegation of an ultimate fact and is a sufficient allegation of insolvency without the allegation of the probative facts. Because of this holding, I desire to add the following observations and citation of authority: Such an allegation is sufficient in this kind of case, and this view, I think, is…