66 P. 1058 | Utah | 1901
having stated the case as above, delivered the opinion of the court.
On this appeal the first assignment of error relates to the fourth finding of fact, which reads: “That on the eighteenth day of August, A. D. 1900, at Erisco, Beaver county, State of Utah, the said defendant William Hawke had and received of the money of the plaintiff the sum of $500; that the said sum of $500 had and received from the plaintiff by the said defendant William Hawke was obtained by the
The appellant also insists that the court erred in permitting the witness Olsen to 'testify, over the objection of the plaintiff, as follows: “Q. I will ash you if you heard anything said by the defendant Andrews to McLeod, after McLeod had taken possession of the premises there, and, if so, what ? A. Andrews told McLeod to let him in his house, but he would not do so until I told him. Then he wemL and
Because of the errors complained of herein, the judgment, in so far as it was appealed from, must be reversed, and the case remanded, with directions to the court below to grant a new trial as to such portions of the judgment. The respondent is to pay the costs of this appeal. It is so ordered.