| OCR Text |
Show PAGE SIX TNI DAILY TUESDAY, APRIL 27, RECORD 1971 T Trust Deeds In The Supreme Court Of The State Of Utah 090 216 Hinren etux to Mur St Bk; C Ray $6500. I63 Wayne Obray, Plaintiff and Appellant. 09L No. 12284 v. FILED Wesley G. Malmberg, Sheriff of Cache County, and Darius Carter, Deputy Sheriff of Cache County, Defendants and Respondents. April 20, 1971 095 E Main Roberts Inv 102 The dismissal was based on the allegations set forth in the complaint. evidence was adduced, although plaintiff took nine printed pages in his brief to recite facts dehors the record, and hence not subject to review here, -although we can report that they would still be vulnerable to the dismissal were they taken as true. As to a): Assuming arguendo that this point might have some merit, the complaint shows that the suit was filed two years and four months after the burglary, and fairly it can be said that four months would be a reasonable time within which the statute, as a matter of law, would start running, - particularly in Paradise, where a burglary in fact or fantasy likely would not occur, - but did. There is another reason, however, for rejecting plaintiff's urgence. Our sister states in this area generally adhere to the principle that in this type of case the statutory clock starts running at the time a public official initially and wrongfully fails in his official duty. Plaintiff cites no case to the contrary. 17-278-12-- 2, Secs. and 15, Utah Code Annotated 1953. U. C. A. 1953 (act or omission of sheriff in his official 2 capacity: two years). 3. See Irduft. Chrome v. North, 175 Or. 351, 153 P. 2d 835 (1944). 4. People v. Ginn, 106 Colo. 417, 106 P. 2d 479 (1940); Jndgsr. Chrome y. North start running until damage ccurs: The contention may or may notKaTve merit in certain types of :r2ligence, such as where undetectible damages result from surgery, etc., reilirleJ in a case upon which plaintiff heavily relies, having to dowith a 85 113 Steven WE CONCUR: E. R. Callister, Jr., Chief Justice et. to 02 120 Bk See 538 wharles etux to Donald E Favson $17500. 2617 E 3960 So, Home $600. 1273 W 281 Kenneth Lee HLaek etux Bk Seo Tltlos $16000. 5981 Bel view Dr, Mur 306 Kenneth M Hisatake Bk; $25000. Sav; $23000. frank 1st See St Bk HLaoks Title; $17500. 7282 So 2950 W, W Jordan G M 330 George N Cbmarell etal Bk; $39000. 1607 So 22nd E, slo 351 Joseph Michael Albright etux to 1st Dahlberg etux to Levis; $5182.06 Mur 1st 181 M Moors etux $5323.92 1271 Arapahoe Are, to Wlkr Levis Th Bk; 188 356 Walter Ranald Ross etux to Valley Bk; $7819.20 2959 Julith Str, slo 357 Melvin Dan Fletcher etux to Seo Bk Pioneer Title ns; $6600. 8730 W 3L50 So, Mapis 361 Dannis R Morrill etux Ssv A In; $26000. 6024 So 2200 W, sle 363 Paul Ek & Qutvin etux to Mur Kay M Levis; $10160.53 5 081 Cheerful Dr, Granger Ritchie to Levis; $816A.17 Verl M 1770 Hugo Are, 195 Mur let E Hand to Wstm orson etux to Sav Am Tr; 1st 1st Th Th Kay 366 Porter 383 L Bros KLty $24300. 1535 E 3300 So A A Bird, Ritfl Ditto 388 Rogers etux to Bettilyon Title; $13600. 4552 W 4895 So, slo Tim D Mtge Sec Bill R Curtis etux to lay Levis; $9128.03 Mur 1st 209 Erik Anderson etux to Zions 1st Nat; $1500. 2838 Walnvright Rd, slo 391 210 frron Jaws Hamilton etux to Zions 1st Nat; $3003.60 25h9 Wilmington Ave, sle 405 Stanley T Berg etux to Zions Nat; $ 2006 Arbor Lane, alo 420 Edvard H Gilbert etux Ssv; $39600. 4222 Haleman Or, sle 423 Jaws 213 W Combs 1st etux to Zions M Steele etux to Zions Nat; $1392. Wood orest Dr, S Bytendorp etuxto Zions 1st Nat; $1108.68 1085 W 1835 So, Kearns J. Allan Crockett, Justice 225 Gian H Chi arson Mtge Nat W Title etux to Bettilyon Ag; Jeffries M 6547 435 442 3820 So, W etux Cannon B $13050. 615 5055 So, Kearns 7th to Wstm t How Am Ssv Hiaball etux to 1st Ave, 1st Ben slo Bdlsn 0 Hurst etux to $9800. 1441 Tale Ave, slo Sav; $13850. Th slo Ssv; $16000. sle Albert 1596 747 Red Maple Rd, 1695 So, Granger Delbert In; C,npbell Cbnst to Parwrs St Ek; $18750. 2892 So Davis 384 to St Ssv slo Wllford G Stay etux to Zlons 1st Nat JBk; $12000. 1571 W 4805 So, Kearns Donald Eugene A alo 44? 454 Palmers HLdg to Am Eq Seo Title; $12000. 3457 W 4700 So, slo Donald P Wharton etux to Lockhart Th Wstm St Title; $1521. 788 E 1255 So, alo 45 5 Ditto; $13U5. 456 Ditto; $12000. Winston A In; 2856 H In; Fed 233 Jerry L Williams etux to )st Seo Bk Seo Title; $16000. 9838 So 610 E, Sandy 210 Don Keith Miatoott etux to Valley Bk A Tr; $35000. Provo 213 A 784 Marquette Dr, Wvl Wlkr Ray Jex G Ins; In; $73500. $1132.35 1139 E CTeek Rd, Sandy 18? The Oont - slo Granquist to Naomi to 2375 125 Marquette Dr, MJrl 152 Hadlock etux to 1st See St Title; $16000. 2851 W 7525 So, W Jordan C jm 116 Harry Arthur Shearer etux to Mur 1st Ih Kay Levis; $1689 31 110 Hollywood Ave, sle Kay sle 3, Jim - 119 Lova W 6 PFS; 326 Th West 2375 Searle Jr etux Dsn L Levis Paul Starks etux to Zions Nat Bk; $12350. 1195 So 11th W, slo Whets el C See etux to Valley Seo St Bk Pioneer Title $20500. So 7730 W, Magna etux to Lockhart St Title; $3920.0 IO357 Serpentine CT, Sandy 143 Boyd to 1st 322 sle Hicks etux to B Seo SLC $15000. 1108 So 1000 131 Larry L Wollshleger etux to Wes 134 to 1st Ek HLacks 211 The Daily Record "Legal printing specialists with special service" Dennis L Jardlne etux Bk Seo Title; $16000. 1880 No Star Dr, sle 313 sle W, Marilyn Mismssh to How Ban; $16000. 1391 Olive Str, Tylrsvl 281 8th No, sle 159 So 12th PFS; $118,600. A hristlanson Jr.etuxto D to Const A Lty 279 Ben; A. H. Ellett, Justice Christiansen v. Rees. 20 Utah 2d 199, 436 P. 2d 435 (1968). b. Sheffield v. Turner, 21 Utah 2d 314, 445 P. 2d 367 (1968). 7. Massengill v. Yuma Co. , 104 Aria. 518, 456 P. 2d 376 (1969); Jacobson v. McMillan. 132 P. 2d 773 (Ida. 1943); 2 Cooley, Torts (3d Ed.), 756. 8. Jacobson v. McMillan, supra. Eq See Eugene Peterson etux Seo Title; 1651 5 273 A Revere Dr, sle 129 Kenneth Sav Am SLObunty 5th E, slo 1st Nat; $3870. PRINTING PFS; J Peterson etux to 1st Title; $5500. Stephen 1190 R. L. Tuckett, Justice Ditto; $21100. itle Ins; fl230. Shafter Pioneer 212 BRIEF to slo W, Carr A to Resea roh Howe Ihe etal In; $26100. 3535 So 3200 W, sle sle 6020 So, Mur W Harold Riehard Tjrler etux to How Ban; $23500. 2191 Dolphin Way, slo 269 111 Wamn Ng0.e Fbx etux to 1st See Bk Pioneer xltle Ins; $18000. foreign object left in the body, - but having no application to a case of a intentional tort, where damages need not be shown except nominally. Aside from plaintiff's points on appeal which we think are not dispositive, we believe that defendants' contention that failure by a public sheriff to investigate a crime claimed by an individual to have been committed, ordin-- j arily is a matter of judgment and discretion, not actionable or compensabli, and not pursuable by an individual since the public official's duty is to the public, ' - he being accountable to and removable in a proper proceeding, by the public. & 267 H Bleak etux to 1st See Pioneer Title Ins; 18000. 1232 Harrison Are, sle supra. As to c) above, that the statute does not Bk; Bk As to 2) above: The urgence for removal from office is sterile, since such removal is based on legislation which plaintiff did not pursue. It is obvious that b) cannot live with a) above, and equally obvious that if there were never an investigation, the statute would never run, - which 3 seemingly would pay homage to the absurd. 261 106 Dennis 127 Title Title W, Lavrenev Davidse etux 327 So As to 1) above, re: wilful and wanton failure to investigate: The defendants pleaded as a defense the statute of limitations. Plaintiff's only points on on the to such cohtended are directed defense, grounds that the statute appeal a not to run the has does until sheriff reasonable time to perform his a) begin to a duties, b) that his failure investigate is continuing tort, and c) the statute won't start to run until there is actual damage. West H3500. Alios Jeanette Timothy to PFS; 3250 So 1100 No Plaintiff does not claim damages for the property stolen, but for the of cost investigating for the purpose of defending a suit brought against him by one of the suspected, but not proven, burglars who was injured when the plaintiff shot him on the night of the burglary. to 1835 So, Kearns W & rl6000. Appeal from a judgment dismissing a complaint alleging that defendant sheriffs 1) wilfully and wantonly failed to investigate a burglary of plaintiff's store in Paradise, Utah, for which plaintiff claims compensatory and punitive damages, and 2) for removal of defendants from office. Affirmed, with costs to defendants. 1071 etal to Valley $17500. 3201 So 1100 101 Title; $2880. Sandy J RLehard ndersan etux Mtge MoGhie Land Title; 1963 Elaine Dr, slo $90000. SLOounty L. M. Cummings, Clerk HENRIOD, Justice: 1. 2. Str( etux to Voyle MoGilvria Fairbanks The Lockhart Q Wstm St Lsnoe etux to Wstm Sv $1(2000. St Mary's Way, slo |
