Hoagland v. Hoagland
Utah Supreme Court
Appeal from the District Court Salt Lake County, Hon. Ogden Hiles, Judge. Appeal dismissed conditionally. Action by plaintiff-against defendant to obtain a decree of divorce. From a judgment for defendant plaintiff ap-. peals and on the appeal filed no bond, but in lieu of the bond filed a poverty affidavit under Section 1017 R. S. 1898. Appeal dismissed unless appellant within thirty days filed a bond as required by Section 3305 R. S. 1898.
1Per curiam
Plaintiff filed her complaint to obtain a decree of divorce against the defendant. Having failed in the action she undertakes to appeal to this court. No undertaking on appeal was filed by appellant under sec. 3305, Rev. Stat. 1898, but she undertakes to excuse the filing of an undertaking by filing an affidavit under sec. 1017, .as follows:
‘ ‘ I, Maggie Hoagland, do solemnly swear that owing to my poverty I am unable to bear the expenses of the action or legal proceeding which I am about to commence, or the *306appeal which I am about to take and that I verily believe that I am justly entitled…
2Cases cited1 opinion
- Benson v. AndersonUtah Supreme Court · 1893
3Cited by5 opinions
- Obradovich v. Walker Bros. BankersUtah Supreme Court · 1932
- Toltec Ranch Co. v. BabcockUtah Supreme Court · 1901
- Smith v. Wells Estate Co.Nevada Supreme Court · 1907
- Eddington v. Union Portland Cement Co.Utah Supreme Court · 1913
- Fisher v. BylundUtah Supreme Court · 1939