135 P. 103 | Utah | 1913
Lead Opinion
This action was brought in the district court of Salt Lake County to quiet the title to certain real estate in the plaintiff as against all outstanding claims generally, and particularly as against a certain judgment which he asked the court to set aside and annul upon the ground that it was obtained by fraud, practiced by the defendant Franklin Lawrence in obtaining the same against the plaintiff. In addition to the defendant West Temple Terrace Co., the appellant here, there were fifteen other defendants in the district court, none of whom have questioned the judgment, and hence will not be referred to further in this opinion. The West Temple Terrace Company demurred to the complaint upon the grounds (1) “that there is ai misjoinder of parties defendant,” and (2) “that several causes of action have been improperly united, to wit, (a) an action to set aside a decree of this court, and (b) an action to determine adverse claims to the real estate described in said complaint.” The district court overruled the demurrer, and appellant refusing to plead further, but electing to stand on its demurrer, default was entered against it, and the action proceeded to'judgment.
As against the appellant the allegations in the complaint and the findings of fact are, substantially, as follows:
As' against the other defendants, including the appellant, the plaintiff merely alleged in the complaint that each one ■claimed some right or interest in the property, the nature ■of which was unknown to the plaintiff; but he averred that their claims were illegal and without right.
The court made findings against all of the defendants who had filed answers in the action, and defaults were entered against those who had filed no answer?, and judgment ■entered accordingly.
Upon the foregoing facts the court also found, as conclusions of law, that “the plaintiff is entitled to judgment declaring and adjudging that the judgment entered in the action” commenced by said Lawrence against the plaintiff herein “is void and of no force or effect as against the plaintiff herein, and that the plaintiff is the owner of the fee-■simple title of the property described in the complaint,” and that none of the defendants had any right, title, or interest in or to said property, or any part thereof. Judgment ■setting aside the judgment in the former action and quieting the title to said property in the plaintiff herein was accordingly entered, from which judgment the appellant alone .appeals.
“The court must in every stage of an action disregard any error or defect in the pleadings or proceedings, which does not affect the substantial rights of the parties, and no judgment shall be reversed or affected by reason of such error or defect.”
Nor the reasons stated, therefore, the judgment is affirmed,, with costs to respondent.
Concurrence Opinion
I fully concur in the affirmance of the judgment. The appellant, as averred and as found by the court, obtained a judgment against the respondent, quieting the title to and awarding to it the possession of the described real estate, on service by publication of summons obtained on an affidavit of willfully false averments that the respondent was a nonresident of the State. This action in equity was brought to set aside the judgment and to have adjudged that the respondent, and not the appellant, was the owner and entitled to the possession of the property. The appellant filed a general demurrer to the complaint for want of facts, and a special demurrer on the grounds of misjoinder of parties defendant and misjoinder of causes. The demurrers were overruled. Por its failure to further plead, a default was entered against appellant.
I think the complaint stated a cause of action and sufficient facts to entitle the plaintiff to the demanded relief. Hence I think the general demurrer was properly overruled. Appellant contends there was a misjoinder of causes, because
The plaintiff, to support his allegations of title, offered in evidence an abstract of title, which, under our statute, is good prima facie evidence. The appellant, notwithstanding the default entered against it, through its counsel, objected to the offer on the ground that the evidence was immaterial. When the respondent was- called as a witness and was about to give testimony, appellant’s counsel again objected “to the introduction of any testimony on the part of the plaintiff, for the reason that the same is irrelevant and immaterial, and that two or more causes of action are improperly joined.” And when respondent, by his counsel, was asked if he was the owner of the property, appellant’s counsel further objected on the ground that the testimony was immaterial, not the best evidence, and that the question propounded called for a conclusion. The court ruled that the default properly entered against the appellant, being an admission on its behalf of every material and traversable allegation of the complaint necessary to respondent’s cause, precluded it from such participation in the proceedings as was attempted by it.
I think the ruling right. Furthermore, I think the objections groundless, had the appellant .been in a position to interpose them. The only objection of plausible merit is the
The other objections were trivial. Neither the findings, nor the sufficiency of them to support the judgment, are assailed. I therefore think the judgment should be affirmed.