Holladay Coal Co. v. Kirker
Utah Supreme Court
Appeal from the Seventh District Court, Carbon County Hon. Jacob Johnson, Judge. Action of forcible entry and detainer under the statute, for a restitution of certain premises and for damages. A motion to strike out and a demurrer-to the complaint were sustained and the plaintiff failing to amend, a judgment of dismissal was entered. From that judgment plaintiff appealed.
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Appeal from the Seventh District Court, Carbon County Hon. Jacob Johnson, Judge. Action of forcible entry and detainer under the statute, for a restitution of certain premises and for damages. A motion to strike out and a demurrer-to the complaint were sustained and the plaintiff failing to amend, a judgment of dismissal was entered. From that judgment plaintiff appealed. The contention of the lower court can certainly not bo maintained; for in forcible entry and detainer suits the question of title, or even the legality of the possession is never in issue, and the issue in this case is, was…
1Opinion of the Court
Rolapp, District Judge.
The amended complaint in this action contains five counts, each of which, after setting out the fact that plaintiff is a Utah corporation, alleges:
“That at all times hereinafter mentioned, plaintiff had the right of and was well entitled -to and was in peaceable and actual possession and occupancy of all those certain premises and mineral claims, tunnels, cabins, and appurtenances connected thereunto, described as follows, to-wit: About sis hundred and forty acres of coal lands, located on unsurveyed land of the United States.”
Then follows a description of said lands in…
2Cases cited4 opinions
- Salmon v. WilsonCalifornia Supreme Court · 1871
- Thomas v. GlendinningUtah Supreme Court · 1896
- Rice v. WestSupreme Court of Oklahoma · 1893
- Hyndman v. StoweUtah Supreme Court · 1893
3Cited by3 opinions
- Beaman v. Martha Washington Mining Co.Utah Supreme Court · 1901
- Hunting v. Pipe Renewal Service, LLCCourt of Appeals of Utah · 2008
- Kuykendall v. UlibarriNew Mexico Supreme Court · 1952