Cahoon v. Hoggan
Utah Supreme Court
Appeal from District Court, San Pete County; Jacob Johnson, Judge. Action by James C. Gaboon against James "W. Hoggan. Erom a judgment in favor of defendant, plaintiff appeals. APPELLANT’S POINTS. In an action for damages for breach of contract, only tbe parties to tbe contract should be joined as defendants. (Es-tee’sPl. [4 Ed.], sec. 161.) In an action on a bond or written undertaking there can be no constructive parties jointly liable with the proper obligors.
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Appeal from District Court, San Pete County; Jacob Johnson, Judge. Action by James C. Gaboon against James "W. Hoggan. Erom a judgment in favor of defendant, plaintiff appeals. APPELLANT’S POINTS. In an action for damages for breach of contract, only tbe parties to tbe contract should be joined as defendants. (Es-tee’sPl. [4 Ed.], sec. 161.) In an action on a bond or written undertaking there can be no constructive parties jointly liable with the proper obligors. (Estee’s PL [4th Ed.], sec. 1522; Lindsay v. Flint, 4 Cal. 89.) Tbe mere fact that attachment plaintiff is liable to the sureties…
1Opinion of the CourtBar.tch, C. J.
This action was brought to recover damages for the attaching, by the defendant, of the plaintiff’s goods and chattels in an action between the same parties, wherein the plaintiff herein was defendant, and the defendant herein was plaintiff. It is alleged in the complaint that on November 6, 1901, the defendant commenced an action against the plaintiff to collect the sum of $370 which was alleged to be due on a promissory note, and caused a writ of attachment to be issued and levied against the property of the plaintiff at the time fixed for his departure from the state; that at the trial of…
2Cases cited2 opinions
- Hamer v. First National Bank of OgdenUtah Supreme Court · 1893
- Burton v. KnappSupreme Court of Iowa · 1862
3Cited by2 opinions
- St. Joseph Stock Yards Co. v. LoveUtah Supreme Court · 1921
- Jansen v. PollastrineDistrict Court, D. Alaska · 1942