Scott Elliot v. Whitmore

• Citation: 40 P. 201,11 Utah 308
• Decision Date: 27 April 1895
• Docket Number: 409
• Court: Supreme Court of Utah
• Parties: LEWIS A. SCOTT ELLIOT, RESPONDENT, v. GEORGE C. WHITMORE, AND ANOTHER, APPELLANTS. [1]

40 P. 201

11 Utah 308

LEWIS A. SCOTT ELLIOT, RESPONDENT, v. GEORGE C. WHITMORE, AND ANOTHER, APPELLANTS. ^[1]

No. 409

Supreme Court of Utah

April 27, 1895

APPEAL from the District Court of the Third Judicial District. Hon. Charles S. Zane, Judge.

Action by Lewis A. Scott Elliot against George C. Whitmore and another. From a judgment for plaintiff, defendants appeal.

Reversed and remanded.

Messrs. Brown & Henderson, Mr. E. D. Hoge, for appellants.

Mr. C. S. Varian, Messrs. Zane & Putnam, for respondent.

MERRITT, C. J. SMITH, J., concurs.

OPINION

MERRITT, C. J.:

This is an appeal from the judgment, and has been heretofore argued and submitted. It now appears that the judgment has been set aside and a new trial granted in the court below. For this reason the judgment is reversed, and the cause remanded for a new trial.

SMITH, J., concurs.

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Notes:

^[1] [For the various phases of the litigation between Lewis A. Scott Elliot and George C. Whitmore, see Elliot v. Whitmore, 8 Utah 253; Ex parte Whitmore, 9 Utah 441; Elliot v. Whitmore, 10 Utah 238, Id. 246, Id. 253; Whitmore v. Harris, Id. 259.--REP.]

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