Legal Opinion

Hamner v. Ballantyne

Utah Supreme Court

Decided April 2, 1898No. 879PublishedCited by 6 opinions

Appeal from the Second district court, Weber county. H. H. Rolapp, Judge. .Action by John H. Hamner against Thomas H. Ballan-tyne. By amendment, B. K. Bloch & Co., a corporation, was made defendant, the action against the other being, upon plaintiff’s motion, dismissed. Plaintiff had judgment, and defendant appeals.

1Opinion of the Court

Zane, C. J.:

It appears from the evidence in tbis record that the defendant obtained a judgment in the district court against the firm of Blackburn & Co. for $366.28; that an execution issued thereon, reciting a judgment against the individual members of the partnership, of which the plaintiff was one, as well as against the company by its firm name; that Thomas H. Ballentyne, a deputy United States marshal, by virtue thereof, seized and levied upon the $242.85 in dispute, the individual property of the plaintiff Hammer, and paid it to the attorney of the defendant B. K. Bloch; that the…

2Cases cited5 opinions

  1. Day v. . BachNew York Court of Appeals · 1881
  2. Foster v. WileyMichigan Supreme Court · 1873
  3. Davidson v. KnoxCalifornia Supreme Court · 1885
  4. Thomas v. HinsdaleIllinois Supreme Court · 1875
  5. Levally v. EllisSupreme Court of Iowa · 1862

3Cited by6 opinions

  1. Palle v. Industrial CommissionUtah Supreme Court · 1932
  2. L. C. Jones Trucking Co. v. Superior Oil Co.Wyoming Supreme Court · 1951
  3. Wall Investment Co. v. Garden Gate Distributing, Inc.Utah Supreme Court · 1979
  4. McCune & McCune v. Mountain Bell TelephoneUtah Supreme Court · 1988
  5. Krofcheck v. Ensign Co.California Court of Appeal · 1980

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