(Download) "White Et Al. v. District Court Fourth" by Supreme Court Of Utah * Book PDF Kindle ePub Free
eBook details
- Title: White Et Al. v. District Court Fourth
- Author : Supreme Court Of Utah
- Release Date : January 19, 1951
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 55 KB
Description
PER CURIAM. Clyde C. Lewis and Verona D. Lewis commenced an action in the above named District Court, against Clara A. White and Kathryn Grange White for possession of certain real property. The Whites filed their answer and also a counterclaim. Upon proper motion, the court struck the counterclaim upon the ground that it could not be asserted in an action for unlawful detainer. Prior to the adoption of the New Rules of Civil Procedure, that was the law of this state, Dunbar v. Hansen, 68 Utah 398, 250 P. 982; Forrester v. Cook, 77 Utah 137, 292 P. 206; Christy v. Guild, 101 Utah 313, 121 P.2d 401. The Whites (defendants below) petitioned this court under Rule 65B(b) of the New Rules of Civil Procedure for an extraordinary writ to compel reinstatement of their counterclaim. The Lewises (defendants here) concede that Rule 13 of said New Rules does broaden the right to counterclaim but points out that table III, page 188 of the Rules expressly excepts Chapter 60, Title 104 of our Civil Code dealing with forcible entry and detainer and therefore argue that the New Rules have not changed the law as set forth in the above cases. Chapter 60 of Title 104 makes no reference to counterclaims; whether one may be asserted in an action is purely a procedural matter.
 "White Et Al. v. District Court Fourth" by Supreme Court Of Utah * Book PDF Kindle ePub Free){kind=link}