Hearst v. Putnam Mining Co.
Utah Supreme Court
Appeal from the Third District Court, Salt Lake County. — Hon. O. W. Morse, Judge. Action in equity to have certain mining transactions declared null and void. From a judgment in favor of the defendants, the plaintiffs appealed. STATEMENT OF FACTS. This is an action in equity resulting from certain mining transactions, whereby the plaintiffs claim they were defrauded..
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Appeal from the Third District Court, Salt Lake County. — Hon. O. W. Morse, Judge. Action in equity to have certain mining transactions declared null and void. From a judgment in favor of the defendants, the plaintiffs appealed. STATEMENT OF FACTS. This is an action in equity resulting from certain mining transactions, whereby the plaintiffs claim they were defrauded.. From the pleadings and the record, it appears, in substance, that the defendant Putnam Mining Company was a corporation organized under the laws of Utah, with a capital stock of 100,000 shares, of the par value of $10 each.…
1Opinion of the CourtBartch, J.
(after stating the facts). — The decisive question presented in this case is whether the--court erred in overruling the demurrer to the special and separate defense set up in the answer, and in denying the motion to strike out that portion of the answer.
The appellants contend that the judgment in the case of Rogers v. Ferry et al., wherein the Putnam Mining Company was made a defendant, constitutes no bar to this suit, and that their demurrer should have been sustained and their motion granted.
The respondents insist that not only this action is-barred- by the judgment in the Rogers Case, hut…
2Cases cited17 opinions
- Cromwell v. County of SacSupreme Court of the United States · 1877
- Hawes v. OaklandSupreme Court of the United States · 1882
- Twin-Lick Oil Co. v. MarburySupreme Court of the United States · 1876
- Central Transportation Co. v. Pullman's Palace Car Co.Supreme Court of the United States · 1891
- Hawkins v. GlennSupreme Court of the United States · 1889
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3Cited by10 opinions
- Dana v. MorganCourt of Appeals for the Second Circuit · 1916
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- Goodbody v. DelaneyNew Jersey Court of Chancery · 1912
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- Mioton v. Del CorralSupreme Court of Louisiana · 1913
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