Corinne Mill Canal Stock Company v. Toponce

This was an action by Alexander Toponce against the Corinne Mill, Canal & Stock Company to recover money. There was a verdict and judgment for plaintiff, which was affirmed by the territorial supreme court. 24 Pac. 534. To review this judgment, defendant sued out this writ of error.

The facts in this case are as follows: On June 9, 1888, the defendant in error, as plaintiff, commenced his action in the district court of the county of Weber, in the territory of Utah. His complaint consisted of five counts,-the first, for moneys paid out for the defendant; the second, for feeding and caring for certain stock of the defendant; the third, for his services as general manager of the defendant; the fourth and fifth, respectively, a claim for work and labor, and one for board alleged to have been due from defendant to Lea Owsley, and by him assigned to plaintiff.

The defendant answered, denying all but the claim in the fourth count of the complaint, and pleading also certain counterclaims. The case went to trial before a jury, which returned both a special and a general verdict, and on such verdicts judgment was rendered, March 19, 1889, in favor of the plaintiff, for the sum of $11,339.56. Subsequently, on July 12, 1890, this judgment was affirmed by the supreme court of the territory, and thereupon defendant sued out this writ of error.

C. W. Bennett and John A. Marshall, for plaintiff in error.

James N. Kimball, for defendant in error.

Mr. Justice BREWER, after stating the facts in the foregoing language, delivered the opinion of the court.