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Reports of Cases Decided in the Supreme Court of the State of Utah Volume 7

Reports of Cases Decided in the Supreme Court of the State of Utah Volume 7


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Purchase of this book includes free trial access to www.million-books.com where you can read more than a million books for free. This is an OCR edition with typos. Excerpt from book: premises which he seeks to recover by action, against one who has ousted him therefrom, it is then sufficient for him to allege such possession, and the entry, ouster, and continual withholding by the defendant. Such allegations are proper where they can be truthfully made, and agree with the facts of the case, but they are not essential or necessary, under our practice. This doctrine is sustained by the courts of New York and California. Ensign v. Sherman, 14 How. Pr. 439; Walter v. Lockwood, 23 Barb. 228; Sanders v. Leavy, 16 How. Pr. 308; Payne v. Treadwett, 16 Cal. 242-244. The doctrine of this last case, opinion by Field, C. J., is approved by a large list of California decisions, among others the following: McCarthy v. Yale, 39 Cal. 586; Haight v. Green, 19 Cal. 117; Ferrer v. Insurance Co., 47 Cal. 431; Keller v. Ruiz de Ocana, 48 Cal. 638; Brown v. Kentfield, 50 Cal. 132; Kidder v. Stevens, 60 Cal. 422; Rego v. Van Pelt, 65 Cal. 256, 3 Pac. Rep. 867; and expressly overrules Qladwin v. Stebbins, 2 Cal. 105; Payne v. Treadwell, 5 Cal. 310;, Gregory v. Haynes, 13 Cal. 592, ?cited and relied upon; by the defendant. It follows, from the views herein, expressed, that the complaint in this case was sufficient, and plaintiff should be allowed to introduce his proof; under it. The verdict and judgment of the court below is set aside, and a new trial ordered, with costs to abide the result. Zank, C. J., concurred. MARTHA COOK, Appellant, v. M. E. CRANDALL, And Othebs, Respondents. Taxation.?Municipal Coepobations.? Municipal Beneifts.?In a suit brought to recover the value of a wagon seized for city taxes upon lands situated one mile away from the platted portion of the city, but where a street extended past the land, upon which work had been done us far as the plaintiffs pr..


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Product Details
  • ISBN-13: 9780217791533
  • Publisher: Rarebooksclub.com
  • Publisher Imprint: Rarebooksclub.com
  • Height: 246 mm
  • No of Pages: 168
  • Spine Width: 9 mm
  • Width: 189 mm
  • ISBN-10: 0217791530
  • Publisher Date: 14 May 2012
  • Binding: Paperback
  • Language: English
  • Returnable: N
  • Weight: 313 gr


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