Legal Opinion
A. E. Upton v. Heiselt Construction Co.
Utah Supreme Court
Decided March 9, 1955No. 8240PublishedCited by 3 opinions
1Opinion of the Court
HENRIOD, Justice.
Appeal from an order staying execution on a judgment. Affirmed. Costs to respondent.
Defendant Heiselt endorsed a 2-year note dated May 15, 1935. In 1940 he filed for bankruptcy in Colorado and was adjudicated a bankrupt in 1941. Between times Heiselt unsuccessfully sought the bankruptcy court’s assumption of jurisdiction to the exclusion of the Utah court, the former taking the position that the Utah court had plenary adjudicative powers over the matter with which the bankruptcy court was disinclined to interfere, — a conclusion we consider within the province of the…
2Cases cited5 opinions
- Boynton v. BallSupreme Court of the United States · 1887
- Maynard v. ElliottSupreme Court of the United States · 1931
- Kobebell v. Diers Bros. & Co.Supreme Court of Colorado · 1930
- Harris v. ButlerUtah Supreme Court · 1936
- Upton v. Heiselt Const. Co.Utah Supreme Court · 1949
3Cited by3 opinions
- Power Train, Inc. v. StuverUtah Supreme Court · 1976
- Mindess v. GoodmanCalifornia Court of Appeal · 1962
- Power Train, Inc. v. StuverUtah Supreme Court · 1976