HAMMOND v. CALDER

No. 8827.

8 Utah 2d 333 (1959)

334 P.2d 562

WHITNEY D. HAMMOND, ADMINISTRATOR OF THE ESTATE OF JIM ESKRIDGE, DECEASED, PLAINTIFF AND RESPONDENT, v. ZELPH S. CALDER, DEFENDANT AND APPELLANT.

Supreme Court of Utah.

January 21, 1959.


Attorney(s) appearing for the Case

Colton & Hammond, Vernal, VanCott, Bagley, Cornwall & McCarthy, Salt Lake City, for appellant.

Zelph S. Calder, Vernal, for respondent.


HENRIOD, Justice.

Appeal from a money judgment and the denial of a motion to dismiss for failure to file a cost bond. Affirmed with costs to respondent.

In 1950 defendant leased virgin, untilled land to one Eskridge for an 8 year term, defendant to get 1/4 of the crops grown. The land was broken and farmed. On October 13, 1955, Eskridge sued to restrain defendant from permitting his stock to damage a wheat crop growing on the land and for damages. On October...

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