· 7/12/1990
Zions First National Bank v. Rocky Mountain Irrigation, Inc.
Citations
- 795 P.2d 658
- 138 Utah Adv. Rep. 12
- 1990 Utah LEXIS 56
- 1990 WL 98141
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- concluding that rule 15(b) requires \that the pleadings be conformed to the evidence presented at trial when no objection is made to the introduction of such evidence\
- explaining that, depending on the circumstances, \the existence of a debt\ may be either a legal or an equitable issue
- noting that its analysis of a right to a civil jury trial under Utah’s constitution was in line with the U.S. Supreme Court’s analysis of the federal right to a jury trial and adopting the reasoning of Beacon Theatres
- considering only whether alleged alterations on loan documents were material for a fraud claim pursuant to the section’s definition of “alteration”
- approving federal law holding “when legal and equitable issues turn on the same operative facts, a jury must decide the legal issue first; the jury’s factual determination binds the trial court in its determination of the parallel equitable issue”
- \Our rules of civil procedure require that the pleadings be conformed to the evidence presented at trial when no objection is made to the introduction of such evidence.\ (emphasis added)
Source: CourtListener parenthetical corpus (CC0).
Judges: Durham, Hall, Howe, Zimmerman, Billings, Stewart
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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