M'Cormick Harvesting Machine Co. v. Marchant
Utah Supreme Court
Appeal from the District Court óf the Third Judicial District. Hou. Charles S. Zane, Judge. Action by McCormick Harvesting Machine Company against John A. Marchant and another. From a judgment-in a justice court for plaintiff for $444.27, defendants-appeal to the" district court. TJpon a trial de novo in the district court, there was a judgment for plaintiff on the-verdict of a jury for $299 and costs, and from an order denying a new trial, defendants appeal.
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Appeal from the District Court óf the Third Judicial District. Hou. Charles S. Zane, Judge. Action by McCormick Harvesting Machine Company against John A. Marchant and another. From a judgment-in a justice court for plaintiff for $444.27, defendants-appeal to the" district court. TJpon a trial de novo in the district court, there was a judgment for plaintiff on the-verdict of a jury for $299 and costs, and from an order denying a new trial, defendants appeal. The judgment of the justice of the peace was in excess of his jurisdiction, but defendants’ only remedy in this territory was by…
1Opinion of the Court
BaRTCH, J.:
This action was originally brought before a justice of the peace to recover a certain sum of money due on two> promissory notes. The justice rendered judgment for the amount sued for, interest, and costs, in the total sum of $444.27, in favor of the plaintiff, and from this judgment *72the defendants appealed to the district court, where judgment was rendered on the verdict of a jury against the defendants for the sum of $299, and costs taxed at $21.90. ' .The plaintiff alleges that there is due it the sum of $263.-32, being the amount of two promissory notes, besides interest…
2Cases cited3 opinions
- Mollan v. TorranceSupreme Court of the United States · 1824
- Solomon v. ReeseCalifornia Supreme Court · 1867
- Quackenbos v. ClarkeIllinois Supreme Court · 1862
3Cited by6 opinions
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- Utah Commercial & Savings Bank v. TrumboUtah Supreme Court · 1898
- Sluman v. DolanSouth Dakota Supreme Court · 1909
- Bud Hoard Co. v. F. Berg & Co.Supreme Court of Oklahoma · 1929
- Wheatley v. Oregon Short Line R.Utah Supreme Court · 1916
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