Howe v. Sears
Utah Supreme Court
Appeal from District Court, Third District; M. L. Ritchie, Judge. Action by Richard Howe against Isaac Sears and another. From a judgment for defendants; plaintiff appeals. APPELLANT'S POINTS. The statute of limitations on judgments- does not commence to run until the expiration of the time within which an appeal may be taken.
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Appeal from District Court, Third District; M. L. Ritchie, Judge. Action by Richard Howe against Isaac Sears and another. From a judgment for defendants; plaintiff appeals. APPELLANT'S POINTS. The statute of limitations on judgments- does not commence to run until the expiration of the time within which an appeal may be taken. A judgment is not final so as to support an action thereon while the judgment debtor retains the right to appeal therefrom or prosecute proceedings for a new trial. (Feeney v. Hinckley, 134 Cal. 467, 66 Pac. 580; Harrier v. Bassford [Cal.], 78 Pac. 1038; 4 Current Law,…
1Opinion of the CourtStraup, J.
This is an action on a judgment. The court found that it was barred by the statute of limitations. The judgment on which this action is founded was entered September 12, 1895, decreeing the foreclosure of a mortgage in favor of this plaintiff and against these defendants, ordering a sale of the mortgaged premises, and providing for a deficiency judgment to be docketed and entered against the defendants, if the sale of the mortgaged premises be insufficient, as shown by the officer’s return, to satisfy the judgment. The order of sale of the mortgaged premises was issued the following day. The…
2Cases cited12 opinions
- Crim v. KessingCalifornia Supreme Court · 1891
- Biddel v. BrizzolaraCalifornia Supreme Court · 1883
- Barbieri v. RamelliCalifornia Supreme Court · 1890
- Merced Security Savings Bank v. CasacciaCalifornia Supreme Court · 1894
- Englund v. LewisCalifornia Supreme Court · 1864
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3Cited by5 opinions
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- Blue Creek Land & Live Stock Co. v. KehrerUtah Supreme Court · 1922
- Reader v. District Court of Fourth Judicial DistrictUtah Supreme Court · 1939