4 Utah 187 | Utah | 1885
This is an action of claim and delivery, appealed from the first district court.
The defendant pleaded justification, as marshal, under an execution issued on a judgment against W. S. Hopson, in favor of Idleman Bros., and that the property described in the complaint was owned by Hopson, and by him sold to plaintiff before the levy, to hinder and delay Idleman Bros, and other creditors in the collection of their debts.
To the fourth question the jury answered one thousand five hundred dollars; and to each of the others, simply “yes.” When considered with respect to the question alone the second answer is quite indefinite; but, viewed with the other questions and answers, the intention of the jury is sufficiently clear. The plaintiff’s counsel makes the point, that, the fifth interrogatory submitted a question of law to the jury. Section 1400 compiled laws of Utah, 1876, declares; “A general verdict is that by which they (the jury) pronounce generally upon all or any of the issues either in favor of the plaintiff or defendant; a special verdict is that by which the jury find the facts only, leaving the judgment to the court. The special verdict shall present the conclusions of fact as established by the evidence, and not the evidence to prove them; and those conclusions of fact shall be so presented as that nothing shall remain to the court but to draw from them conclusions of law.” This statute contemplates three classes of verdicts. 1st, general; 2d, special; 3rd, general and special. A general verdict is a direct statement of a conclusion of law, and an indirect statement of the facts from which the conclusion is drawn; it expressly affirms the law and inferentially the facts. The jury are directed by the court to indicate the facts found from the evidence by the statement of a conclusion of law. If they believe certain facts, they are told to state a certain conclusion, and if they do not believe such facts to state another conclusion.
The court states the law applicable to the facts which
There was no room for controversy as to the existence of the material facts of the case aside from those specifically found. The controverted facts essential to the conclusion of law, of which the fifth finding was a statement, were specifically stated in other findings. It was within the discretion of tlie court to direct a general or special verdict, or special as to the controverted facts and general as to those not controverted on the trial. We find no error in the submission of questions to the jury, or in the refusal to submit others requested by the plaintiff. And the verdict embraces all the material issues, and is sufficiently specific.
The plaintiff insists that the findings of the jury are not sustained by the evidence. The alleged sale by Hop-son to plaintiff was on March 21, 1883. The defendant insisted that it was made to hinder, delay and defraud the creditors of Hopson, and that plaintiff knew it. The plaintiff testified he was tending bar for Hopson on the day of tlie sale, and had been with him for several months; that he knew Idleman Bros.; that Lachs was their traveling agent, and that he was in the saloon the day before the sale, when Lachs was there; that he knew Hopson was in debt to Idleman Bros., and heard Hopson say he must get money to pay his debts. On same day, but after sale, heard Hopson say he had sold out to raise money to pay his debts. That bill of sale to witness was made about
O. Yandercook, tbe officer who levied tbe execution, was asked by defendant’s counsel what Hopson said when witness demanded payment, and answered that Hopson said “be bad no property to levy on — bad money but would not pay, and that nobody could go through bis pockets.” Objections to tbe question and .answer were interposed by
The admission of this evidence plaintiff assigns as error. Proof of a demand by the officer and the answer of Hop-son that he had no property to levy on was competent, but the further answer that he “had money and nobody could go through his pockets,” was incompetent, as was the answer of Lachs that Hopson said after the sale he “had money in his jiocket but would not pay, and nobody could get it.” Other evidence before the jury showed that Hopson had money after the sale and his refusal to pay more than the one hundred dollars paid, and twenty-five per cent of the remaining debt, which was offered in satisfaction, but not accepted.
"Without the objectionable testimony there was sufficient evidence to show that Hopson had money which he refused to pay on his debt to defendant. The testimony objected to did not tend to prove that plaintiff acted in bad faith, because it does not appear he knew of the statements of Hopson or assented to them. Bad faith on the part of plaintiff was the question about which there was the most room for controversy. The probabilities are, the jury would have reached the same conclusion without the incompetent testimony. In view of all the evidence, we incline to the opinion that the jury did substantial justice and that the errors complained of are not sufficient to reverse this case. We find no other error in this record, The judgment of the court below is affirmed.