Legal Opinion

Hiskey v. Pacific States Savings, Loan & Building Co.

Utah Supreme Court

Decided April 1, 1904No. 1511PublishedCited by 2 opinions

Appeal from the Third District Court, Salt Lake County. — Hon. W. G. Hall, Judge. Action to have a certain loan declared fully paid and to cancel a certain bond, secured by mortgage, securing the same. From a judgment in favor of the plaintiffs, the defendant appealed. STATEMENT OE EACTS.

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Appeal from the Third District Court, Salt Lake County. — Hon. W. G. Hall, Judge. Action to have a certain loan declared fully paid and to cancel a certain bond, secured by mortgage, securing the same. From a judgment in favor of the plaintiffs, the defendant appealed. STATEMENT OE EACTS. The complaint in this case alleges that the defendant is a corporation organized under the laws of the State of California; that on December 7, 1896, at Salt Lake City, Utah, the defendant loaned to plaintiffs $1,-300, for which they gave a bond which recites, so far as material here, that Ulrie U. Hiskey…

1Opinion of the Court

McCARTY, J.,

after making the foregoing statement of the case, delivered the opinion of the court. _

1 Counsel for appellant contend that the trial court, by overruling the demurrer to the complaint, and enter-' ing judgment cancelling the bond and mortgage, deprived appellant of a right guaranteed by the Constitution of this State. They say in their brief: “The question whether the plaintiffs should be upheld in their refusal to abide by the contract involves a constitutional right conferred by the Constitution of Utah, and that is that all persons have the right to acquire, possess, and…

2Cases cited1 opinion

  1. Brigham Young Trust Co. v. WagenerUtah Supreme Court · 1895

3Cited by2 opinions

  1. Horner v. HornerHawaii Supreme Court · 1914
  2. First Security Corp. of Ogden v. State Tax CommissionUtah Supreme Court · 1936

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