Dee v. San Pedro, Los Angeles & S. L. R.
Utah Supreme Court
Appeal from District Court, Second District; Hon. J. A. Howell, Judge. Action by Claude M. Dee against tbe San Pedro, Los An-geles and Salt Lake Railroad Company, a corporation. Judgment for plaintiff. Defendant appeals. appellant’s points It is manifest that this assignment was merely for the purpose of endeavoring to give the Weber County Court jurisdiction. Such an assignment is not sufficient to give the 'court jurisdiction.
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Appeal from District Court, Second District; Hon. J. A. Howell, Judge. Action by Claude M. Dee against tbe San Pedro, Los An-geles and Salt Lake Railroad Company, a corporation. Judgment for plaintiff. Defendant appeals. appellant’s points It is manifest that this assignment was merely for the purpose of endeavoring to give the Weber County Court jurisdiction. Such an assignment is not sufficient to give the 'court jurisdiction. “Colorable, collusive or fictitious assignments of causes of action, made merely to evade the provisions of venal statutes, being a fraud upon the court, are void and…
1Opinion of the CourtThurman, J.
Appeal from a judgment of the district court of Weber County. The action is for damages caused by injuries to certain horses transported by appellant as a common carrier.
The complaint, in substance, alleges that one Sheffer delivered the horses, the property of Sheffer and Stewart, to defendant at Salt Lake City, to be transported to Stewart at Los Angeles under a written agreement executed by the parties for safe transport and delivery; that there were twenty-three horses, of the value of $4,000; that Sheffer and Stewart agreed to pay for the transportation $216; that the defendant did not…
2Cases cited26 opinions
- Blagen v. ThompsonOregon Supreme Court · 1892
- Fort Worth & Denver City Railway Co. v. DaggettTexas Supreme Court · 1894
- Grieve v. Illinois Central Railway Co.Supreme Court of Iowa · 1898
- Chesapeake & Ohio Ry. Co. v. American Exchange BankSupreme Court of Virginia · 1896
- Gulf, Colorado & Santa Fe Railway Co. v. CunninghamCourt of Appeals of Texas · 1908
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3Cited by4 opinions
- Tribolet v. FowlerArizona Supreme Court · 1954
- Industrial Commission of Utah v. Wasatch Grading Co.Utah Supreme Court · 1932
- Byram v. PayneUtah Supreme Court · 1921
- Campbell v. Los Angeles & S. L. R. Co.Utah Supreme Court · 1928