Toltec Ranch Co. v. Babcock
Utah Supreme Court
Appeal from the Eirst District Court, Box Elder County.— Hon. O. H. Hart, Judge. Plaintiff brought two actions against the defendant and intervener — the one in ejectment to recover the possession of 64 acres of land, and the other in replevin to recover for hay grown upon the land in controversy. At the trial the actions were consolidated. Erom a judgment in favor of the defendant and intervener the plaintiff appealed.
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Appeal from the Eirst District Court, Box Elder County.— Hon. O. H. Hart, Judge. Plaintiff brought two actions against the defendant and intervener — the one in ejectment to recover the possession of 64 acres of land, and the other in replevin to recover for hay grown upon the land in controversy. At the trial the actions were consolidated. Erom a judgment in favor of the defendant and intervener the plaintiff appealed. The trial court held that an affidavit of impecuniosity relieves a party from the necessity of complying with requirements of the provisions of the Constitution and statutes.…
1Opinion of the CourtBartch, J.
The appellant in the first instance insists that the court-erred in granting a trial by jury at the request of the defendant, without advancing the jury fees required by section 3129, Revised Statutes. The answer to this contention is that 1 the affidavit of impecuniosity filed by the defendant relieved the party from the necessity of complying with the requirements of that section, such affidavit being provided for in sections 1016-1018, Revised Statutes. Upon the filing of the affidavit such fees became taxable as costs, under section 1019, Revised Statutes, at the close of the trial.…
2Cases cited16 opinions
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