Dan Hartog v. Tibbitts
Utah Supreme Court
Appeal from the Third District Court. The Defendants demurred to the complaint. Demurrer overruled, and Defendants failing to answer, the default and judgment was entered, whereby, all the property was ordered sold, and all the notes ordered paid out of the proceeds of such sale. First. — The Court erred in overruling the demurrer to the amended complaint.
Read the full summary
Appeal from the Third District Court. The Defendants demurred to the complaint. Demurrer overruled, and Defendants failing to answer, the default and judgment was entered, whereby, all the property was ordered sold, and all the notes ordered paid out of the proceeds of such sale. First. — The Court erred in overruling the demurrer to the amended complaint. Whatever may be the rule under a general demurrer, or under the first ground assigned in this demurrer, the demurrer was a special demurrer as to the other grounds assigned. And whilst the first ground of demurrer in this case is insisted…
1Opinion of the CourtSchaeffer, C. J.
The other judges concurring.
This was a proceeding to foreclose a mortgage executed by the Defendant, Roswell Tibbitts, to the complainants to secure the payment of six several promissory notes, all the notes and mortgage bearing date February 2d, 1871. The said notes were payable at different times, and all had been paid except the one for three hundred dollars, payable four years after date, afid the one for three hundred dollars, payable five years after date, each with interest at the rate of 10 per cent, per annum from date until paid. By the terms of this latter note it was not due until…
2Cited by2 opinions
- Peay v. Salt Lake CityUtah Supreme Court · 1895
- Ohlenkamp v. Union Pacific RailroadUtah Supreme Court · 1902