Sterling v. Parsons
Utah Supreme Court
Appeal from an order granting a new trial of the district court of the third district, Hon. Charles S. Zane, judge. The opinion states the facts except that the question ruled upon was raised for the first time in the appellate court, and that the notice of motion did contain á specification of a large number of errors besides insufficiency of the evidence. The statement should have been disregarded and it was error to grant a new trial thereon.
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Appeal from an order granting a new trial of the district court of the third district, Hon. Charles S. Zane, judge. The opinion states the facts except that the question ruled upon was raised for the first time in the appellate court, and that the notice of motion did contain á specification of a large number of errors besides insufficiency of the evidence. The statement should have been disregarded and it was error to grant a new trial thereon. Benites v. Hampton, 123 1J. S. 519; Wing v. Owen, 9 Cal. 247; Barrett v. Tewksbury, 15, Cal. 356; Walk v. Preston, 25 Cal. 61; Hutton v. Reed, 25…
1Opinion of the Court
Miner, J.:
It appears from the record in this case that Lindquist Bros., who are doing business at Thistle, Utah, were indebted to divers persons, and, being unable to pay their debts in full, made an assignment of their property to the plaintiff, H. L. Sterling, for the benefit of certain creditors. *83Mr. Eyler, one of tbe creditors, commenced suit by attachment against Lindquist Bros, after such assignment, and the defendant E. H. Parsons,' as United States marshal, took possession of the assigned goods under such writ as the property of Lindquist Bros., and sold them at auction at Salt Lake…
2Cases cited5 opinions
- Baird v. PeallCalifornia Supreme Court · 1891
- Bankhead v. Union Pacific RailroadUtah Supreme Court · 1880
- Benites v. HamptonSupreme Court of the United States · 1887
- Slater v. Union Pacific Railway Co.Utah Supreme Court · 1892
- San Gabriel Wine Co. v. BehlowCalifornia Supreme Court · 1892
3Cited by2 opinions
- Van Pelt v. ParkUtah Supreme Court · 1898
- Mader v. TaylorUtah Supreme Court · 1897