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State Utah v. Fred Tedesco Et Al.

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eBook details

  • Title: State Utah v. Fred Tedesco Et Al.
  • Author : Supreme Court Of Utah
  • Release Date : January 05, 1955
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 60 KB

Description

HENRIOD, Justice. This is an appeal from a judgment notwithstanding a verdict for plaintiff, in a condemnation suit in which
defendant's adjoining land allegedly was injured thereby. Affirmed, with costs to plaintiff. Defendant, Bird & Evans, Inc., is the owner of land adjoining that of the Wagener Improvement Co., whose land was the
subject of condemnation. In the role of party defendant, Bird & Evans filed a claim in the condemnation proceedings,
describing its land which adjoined that sought to be condemned, alleging that its land would suffer damage if the Wagener
land was condemned. We have doubts as to whether such pleading can be interpreted to constitute a claim of interest in the
land sought to be condemned, as is required before one may intervene in a condemnation action such as this and under the facts
of this case, 1 but for the purpose of this decision it will be treated as such a pleaded claim.


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