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William Budge Memorial Hospital V. EN Maughan

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William Budge Memorial Hospital V. EN Maughan Brigham Young University Law School BYU Law Digital Commons Utah Supreme Court Briefs (pre-1965) 1931 William Budge Memorial Hospital v. E.N. Maughan : Abstract of Record Utah Supreme Court Follow this and additional works at: https://digitalcommons.law.byu.edu/uofu_sc1 Part of the Law Commons Original Brief submitted to the Utah Supreme Court; funding for digitization provided by the Institute of Museum and Library Services through the Library Services and Technology Act, administered by the Utah State Library, and sponsored by the S.J. Quinney Law Library; machine- generated OCR, may contain errors. George D. Preston; attorney for defendant. Leon Fonnesbeck; attorney for the appellant. Recommended Citation Abstract of Record, William Budge Memorial Hospital v. Maughan, No. 4925 (Utah Supreme Court, 1931). https://digitalcommons.law.byu.edu/uofu_sc1/509 This Abstract of Record is brought to you for free and open access by BYU Law Digital Commons. It has been accepted for inclusion in Utah Supreme Court Briefs (pre-1965) by an authorized administrator of BYU Law Digital Commons. For more information, please contact [email protected]. I . iii; - ~ ,i'?' ~ &'r;.~:; .r g IN THE SUPREME COURT OF THE STATE OF UTAH. WILLIAM BUDGE ?YIEMORIAL HOSPITAL, a corporation, Plaintiff and Defendaut vs. E. N. MAUGHAN, as County Treasurer of Cache County, State of Utah, Defe-nda·nt and A7Jpellant Abstract of Record. GEORGE D. PRESTON 'l .,~ LEON FONNESBECK ~ t I ~ .... Attorneys for Defendant and Appellant. ;rI ~! ...======================================= :~" Appeal from the District Court of the First Judicial ;~District of the State of Utah, in and for Cache County. "" Sponsored by the S.J. Quinney Law Library. Funding for digitization provided by the Institute of Museum and Library Services Library Services and Technology Act, administered by the Utah State Library. Machine-generated OCR, may contain errors. m~E SUPREME COURT OF THE STATE OF UTAH. \VILLIAivi BUDGE :NIEMORIAL HOSPITAL, a corporation, Plaintiff and De,t'cndant VS. E. N. ~1AUG·HAN, as County Treasurer of Cache County, State of Utah, [)ej'e·ndant and Apr•ellanf Abstract of Record. GEORGE D. PRESTON LEON FONNESBECK .4ttorneys for Defendant a·nd Appellant. Appeal from the District Court of the First Judicial District of the State of Utah, in and for Cache County. Sponsored by the S.J. Quinney Law Library. Funding for digitization provided by the Institute of Museum and Library Services Library Services and Technology Act, administered by the Utah State Library. Machine-generated OCR, may contain errors. ' INDEX. Pag·e Affidavit in Support of Motion for New TriaL ...... ______ 18 Answer -------------------------------------- ________________________________ ..... ___________ 5 Assignment of Error ---------------------------------------------------- ____ . _ 7G Complaint _______________________________ ---------------------------------- __ ______ __ __ ___ 1 Decree _____ _____ ________________ ___ __ __ ____ __________________ ___ ____ ___ _____ ___ ____ __ __ __ _ 15 Finding of Facts and Conclusions of Law ---------------------- 11 Minute Entry ______________ _______ __ ____ __ ____ ____ ________ ______ __ _____ _________ ____ _ 21 Notice _______________________ ___ _______ ____ __ ___ _______ _____ ___ ____ __ __ __ ___ ___________ ___ 1 ~ Notice of Appeal --------------------------------------------------- _______________ 2( Notice of Motion for New Trial -------------------------------------- 17 Reply ------------------------------ _________ __ ____ __ ___ ___ __ ___ ___ __ __ __ __ __ __ __ __ __ ______ ___ 9 Transcript of Record _________________________________ _. ________________________ 22 Sponsored by the S.J. Quinney Law Library. Funding for digitization provided by the Institute of Museum and Library Services Library Services and Technology Act, administered by the Utah State Library. Machine-generated OCR, may contain errors. INDEX OF WITNESSES: Page Elizabeth Bahan _---------------·--------·----------------------------- ______ ·------ G3 C. J. B·alm ______________ --·--- ___ ----- __ -_------------------- _------- _________ ._ ______ _ 53 Dr. D. C. Budge Direct Examination· ---'---------·-------------------- 23 . ' f .1 ') C ross E ~amu1-a ~on --------------------~------- .... 5, 33 Recalled __ _____ ________ ___________ ____ _____ ___ _____ ____ _ 44, 60 Dr. Scott M. Budge ---------------------------~------------------------------· _ (;6 V. D. Gardner ------------------------------------------------------- .... _______ __ 57 Dr. E. L. Hansen ----------------------------·---------------~-------------------- Gl Recalled _.. _____________________________________ . ____ ______ ___ G7 Lorenzo Hanse:p ----·-- _------------------ _. _______________________________ . _________ 39 H. B. J ohnso:n _______________________________________________________________ .. __ __ 57 0. J. Larsen ___ .__ . _______ --·-- _____________ --·---- ___________________________ .____ ._____ . 36 A. G. Lundstrom ---------"------·----------------·--------·"'----------------------- 48 C. V. Mohr . ______ -·--. ________________________ --------~- -------·----------- ~------ ·----- 51 Parley E. Peterson . Direct Examination -------------------------------- 34 Cross Examination ------------------------------·-·· 35 Recalle·d --------···· ______________________ .. _. _______ ..... ____ ... 47 Mrs. James C. Petesson -------------------------------------------·---------- 6'1 James C.. Peterson ________ ---~--- _________ ... ____ --~----·- ___________ . ------------- 54 I. ,P. Pe~erson _____________· __________________________ _, _____________________________ ... 60 Wilford Rawson _______________ ---------------------------- -----·------ ____ __ 41, 42 Anthone L. Skanchy ----------------·-----------------------------·---·-------·-· _51 Sponsored by the S.J. Quinney Law Library. Funding for digitization provided by the Institute of Museum and Library Services Library Services and Technology Act, administered by the Utah State Library. Machine-generated OCR, may contain errors. mTHE SUPREME COURT OF THE STATE OF UTAH. IX THE FIRST JlTDICIAL DISTRICT COURT IN AND FOR CA.CHE COlTl\T\~, UTAH. \\lLLIA:\I Bl~DGE 1\IEMORL-\.L HOSPITAL, a corporation, Plaintiff. VS. E. N. MAUGHAN. as County Treasurer of Cache County, State of Utah, Defendant. COMPLAINT. Plaintiff complains and alleges: I. That the defendant is the duly elected, qualified and aeting Treasurer of Cache County, State of Utah. II. That the plaintiff is a corporation duly organize~ and existing under and by virtue of the laws of the State of Utah, and at all times herein mentioned was a:nd now is the owner, in possession and entitled to the possession of Sponsored by the S.J. Quinney Law Library. Funding for digitization provided by the Institute of Museum and Library Services Library Services and Technology Act, administered by the Utah State Library. Machine-generated OCR, may contain errors. 2 the following described real estate, located in the City of Logan, Cache County, State of Utah, to-wit: Commencing at the Southwest corner of Lot 4, Glock 6, Plat "C", Logan City Survey, and runni1ng thence East 8 rods; thence North 14 rods 9 feet; thence West 8 rods; thence South 14 rods 9 feet to place of beginning. III. That upon said property plaintiff, conti~nuously dur­ ing the year 1928, and for a long time prior thereto, has 1naintained and operated a hospital for the care · and treatment of the sick, wounded, injured and infirm pers­ ons, and in connection with said i:nstitution plaintiff has also maintained and conducted a horne for the accomoda­ tion, comfort, education and training of ;nurses in the servi~ce of said hospital, and said real estate hereinbefore described is :necessary for the convenie,nt use and occupa­ tion of .said hospital establishment and plant. That the occupation, use and maintenance of said property, for the aforesaid purposes, is the sole and only business of plaintiff, and plaintiff, at no time during the year 1928, operated, nor was said property or any part thereof, at any time, during said year, used for the gain or profit of the stockholders of the plaintiff, but said property, and the whole thereof, with the buildings there­ on, ha.s at all times been and now is used exclusively for charitable purposes. v. That on or about the 21st day of .November 1928 the Assessor of Cache County, State of Utah, wrongfully and illegally placed said property upon the roll of proper­ ty subject to taxation in said Cache County, for the year 1928, and listed said real property at a valuation of $1480.00, and the buildings and improvements thereon at $20,800.00, and thereafter the County Auditor of said Sponsored by the S.J. Quinney Law Library. Funding for digitization provided by the Institute of Museum and Library Services Library Services and Technology Act, administered by the Utah State Library. Machine-generated OCR, may contain errors. 3 Cache County caused to be entered i·n said assessment book a ta..'< of $991.-lt) against said property, computed upon the basis of the levy of taxes for the year 19~~ against property subject to taxation in said county: that the defendant, under the direction of the Board of Coun­ ty Commissioners of said county. on or about the 14th day of December 19~S. published the list of all property within said county upon which the tax for the year 1928 was delinquent, and the said defendant, for the purpose of collecting said taxes in this paragraph mentioned, ~o-ainst the above described property
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