Cochrane v. Bussche

CourtSupreme Court of Utah
Citation26 P. 294,7 Utah 233
Decision Date01 April 1891
PartiesFRANK T. COCHRANE, APPELLANT, v. CUNA A. BUSSCHE, RESPONDENT

APPEAL from an order of the district court of the third district dissolving an attachment. The opinion states the facts.

Order affirmed.

Messrs Stephens and Schroeder, for the appellant.

Messrs Bennett, Marshall and Bradley, for the respondent.

ANDERSON J. MINER, J., and BLACKBURN, J., concurred.

OPINION

ANDERSON, J.:

This is an appeal from an order of the third district court dissolving an attachment sued out in this action on the ground that the defendant was not residing within the Territory. The defendant was residing in Salt Lake City from March, 1888, to August, 1889, with his wife and child. On the date last named his wife separated from him, and went to Denver, Colo., to live, where she still resides. McCornick &amp Co. and Walter Pavey were summoned as garnishees, and answered that Pavey held certain moneys belonging to McCornick & Co. and the defendant, to which each were entitled to certain portions thereof. The affidavits further tended to show that the defendant was not assessed with any property in Salt Lake City for the year 1890, and that the defendant had left this Territory with the expressed intention of going to Galveston to make investments. The defendant has filed an amended or additional abstract, from which it appears that the defendant resided in Salt Lake City from February 12, 1888, to April 3, 1890, when he left for Galveston, intending to proceed thence to Europe for his health; that he did not go to Galveston, but proceeded directly to Europe, and remained there until August, 1890; that while absent from Utah Territory, he had a room in Salt Lake City, in which he slept when there, and in which he stored his furniture, and left the same in the care of one McHugh; that while absent he continued to pay the rent of the room, and never thought of changing his residence; that his stay in Europe was prolonged because of ill health; that he left his business interests in Salt Lake City in charge of W. S. Pavey, giving a list of property left by him in the hands of Pavey, and that he had no business interests outside of Utah. Also the affidavit of Pavey was filed to the effect that the defendant had told him he was going to Galveston on a visit, and thence to Europe for his health, and would soon return to Utah; that his absence would be temporary only;...

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8 cases
  • Honerine Min. & Mill. Co. v. Tallerday Steel Pipe & Tank Co.
    • United States
    • Utah Supreme Court
    • 5 Diciembre 1906
    ...will be presumed upon appeal that there was sufficient evidence to support the findings. (Olson v. Railroad, 24 Utah 460; Cochrane v. Bussche, 7 Utah 233, 26 P. 294; Culmer v. Cain, 22 Utah 216, 61 P. 1008; Snyder v. Emerson, 19 Utah 321, 57 P. 300; Warner v. Association, 8 Utah 431, 32 P. ......
  • Olson v. Oregon Short Line Railroad Co.
    • United States
    • Utah Supreme Court
    • 26 Marzo 1902
    ...it will be presumed upon appeal that there was sufficient proof to support the findings and decision of the trial court. In Cochrane v. Bussche, 7 Utah 233, 26 P. 294, it held that, "where the record on appeal from an order dissolving an attachment does not show all the evidence upon which ......
  • Hecla Gold-Mining Co. v. Gisborn
    • United States
    • Utah Supreme Court
    • 2 Enero 1900
    ... ... appeal that there was sufficient proof to support the ... findings and decision of the trial court. Cochrane ... v. Bussche , 7 Utah 233, 26 P. 294; Warner ... v. Accident Ass'n, 8 Utah 431, 32 P. 696; ... Railway Co. v. Amos, 54 Ark. 158, 15 S.W ... ...
  • Fields v. Daisy Gold Min. Co.
    • United States
    • Utah Supreme Court
    • 5 Julio 1902
    ...of the court stands unimpeached; the presumption being that there was competent evidence to sustain the findings of the court. Cochrane v. Bussche, 7 Utah 233; Culmer Caine, 22 Utah 216; 2 Ency. Pl. and Pr., p. 441. The case of Helena Steam Heating and Supply Co. v. Wells (Mont.), 40 P. 78,......
  • Request a trial to view additional results

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