Legal Opinion

Pettit v. Parsons

Utah Supreme Court

Decided June 15, 1893PublishedCited by 6 opinions

Appeal from a judgment of the district court of the third district and from an order refusing a new trial, Hon. Charles S. Zane, judge. The opinion states the facts except the following: The court instructed the jury that there was no evidence of any fraud in the assignment. The bill of sale attempted to be introduced was made four days before the assignment by Webb and Olsen to William H. Eoy. A chattel mortgage was also executed to said Eoy on the same day.

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Appeal from a judgment of the district court of the third district and from an order refusing a new trial, Hon. Charles S. Zane, judge. The opinion states the facts except the following: The court instructed the jury that there was no evidence of any fraud in the assignment. The bill of sale attempted to be introduced was made four days before the assignment by Webb and Olsen to William H. Eoy. A chattel mortgage was also executed to said Eoy on the same day. This evidence was objected to as immaterial and incompetent. Counsel offering the evidence admitted that the bill of sale was a…

1Opinion of the Court

Babtch, J.:

In this case the plaintiff was in the possession of certain goods as assignee, and, while so in possession, the defendant, being United States marshal, seized the goods under *226a writ of attachment, and sold them. The plaintiff brought this action to recover possession, or, if delivery could not be obtained, then for the value of the goods. The jury returned a verdict in his favor for the sum of $880 and costs, and, a motion for a new trial having been overruled, the defendant appealed to this court.

Counsel for defendant contends that the assignment made by the firm of Webb & Olsen…

2Cases cited8 opinions

  1. Peters v. BainSupreme Court of the United States · 1890
  2. Brooks v. MarburySupreme Court of the United States · 1826
  3. Mayer v. HellmanSupreme Court of the United States · 1876
  4. Tompkins v. WheelerSupreme Court of the United States · 1842
  5. Emerson v. SenterSupreme Court of the United States · 1886

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3Cited by6 opinions

  1. Butler v. WilkinsonUtah Supreme Court · 1987
  2. Wilson v. SullivanUtah Supreme Court · 1898
  3. Blilings v. ParsonsUtah Supreme Court · 1898
  4. National Bank of the Republic v. George M. Scott & Co.Utah Supreme Court · 1898
  5. Coblentz v. Driver Mercantile Co.Utah Supreme Court · 1894

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