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Reports of Cases Decided in the Supreme Court of the State of Utah (Volume 35)

Reports of Cases Decided in the Supreme Court of the State of Utah (Volume 35)


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About the Book

This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1910. Excerpt: ... by which the stockholders of the former company exchange their stock for stock in the latter company." It is further contended that the court erred in failing to find upon the issue which is claimed was raised in appellant's answer, with respect to the conclusiveness of plaintiff's judgment had against the selling corporation. The law with respect to such matter is that a judgment, rendered by a court having jurisdiction of subject-matter and of 18 the parties, is, in the absence of a plea and proof that it was obtained by fraud or collusion, conclusive as to the' relation of debtor and creditor, and the amount of the indebtedness, not only as between the parties, but also as to third parties in a subsequent suit, where such relation and indebtedness are called in question, and may not be impeached collaterally. (2 Black on Judgments, section 605; 23 Cyc. 1286; Bensimer v. Fell, 35 W. Va. 15, 12 S. E. 1078, 29 Am. St. Rep. 774; Strong v. Lawrence, 58 Iowa 55, 12 N. W. 74.) It was neither alleged nor proven that the judgment had by plaintiff against the selling corporation was obtained by fraud or collusion, or that it was rendered by a court of no competent jurisdiction. T$o issue being tendered on such a question, the court did not err in failing to find with respect to it. We do not say that the appellant was precluded from tendering an issue that plaintiff's original claim, and upon which his judgment was founded, was not a liability contracted or incurred in operation, use, or enjoyment of a franchise or any privilege. Such a question is not involved, for such an issue was not tendered, and the agreed statement of facts shows that the liability was incurred in the operation, use and enjoyment of the franchises conveyed and transferred. We think the ju...


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Product Details
  • ISBN-13: 9781154244564
  • Publisher: General Books
  • Publisher Imprint: General Books
  • Height: 246 mm
  • No of Pages: 220
  • Spine Width: 12 mm
  • Width: 189 mm
  • ISBN-10: 1154244563
  • Publisher Date: 01 Feb 2012
  • Binding: Paperback
  • Language: English
  • Returnable: N
  • Weight: 399 gr


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Reports of Cases Decided in the Supreme Court of the State of Utah (Volume 35)
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