Davidson v. Munsey
Utah Supreme Court
Appeal from District Court; Weber County; Charles H. Hart, Judge. Suit by Max Davidson against Edward A. Munsey. From a decree finding defendant guilty of contempt of a decree restraining bim from infringing a certain trade-mark of plaintiff’s, defendant appeals. Affirmed on conditions. ARRELLANAS ROINTS.
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Appeal from District Court; Weber County; Charles H. Hart, Judge. Suit by Max Davidson against Edward A. Munsey. From a decree finding defendant guilty of contempt of a decree restraining bim from infringing a certain trade-mark of plaintiff’s, defendant appeals. Affirmed on conditions. ARRELLANAS ROINTS. Tbe affidavits upon which the order to show cause was issued do not state facts sufficient to authorize the court to issue any such order, or to give the court jurisdiction. (Young v. Gannon, 2 Utah 561; Gaines & Go. v. Sroupe, 117 Eed. 965; Thedford Med. Go. v. Gurry, 22 S. E. 661; Low v.…
1Opinion of the CourtMcCARTY, J.
Appellant’s first contention is that the affidavit of respondent, Davidson, was insufficient to authorize the trial court to issue an order requiring appellant to appear in court and show cause why he should not be fined and committed for contempt, for the reason that said affidavit was made upon information and belief, and not from personal knowledge. Davidson procured and filed affidavits of other parties in support of the motion for the order to show cause. In these affidavits the facts constituting the alleged contempt are set forth in direct and positive terms, and are based upon the…
2Cases cited7 opinions
- Moffat v. . HermanNew York Court of Appeals · 1889
- Township of Noble v. AasenNorth Dakota Supreme Court · 1901
- Snow v. SnowUtah Supreme Court · 1896
- Peo. Ex Rel. Garbutt v. . R. and S.L.R.R. Co.New York Court of Appeals · 1879
- In re TiftDistrict Court, E.D. New York · 1881
2 more not listed; retrieve them via the Exa API.
3Cited by23 opinions
- Creekmore v. United StatesCourt of Appeals for the Eighth Circuit · 1916
- Negro Nest, LLC v. Mid-Northern Management, Inc.Appellate Court of Illinois · 2005
- Bradshaw v. KershawUtah Supreme Court · 1981
- Puget Sound Plywood, Inc. v. MesterWashington Supreme Court · 1975
- State ex rel. Nicomen Boom Co. v. North Shore Boom & Driving Co.Washington Supreme Court · 1909
18 more not listed; retrieve them via the Exa API.