Marsh v. Utah Homes, Inc.

CALLISTER, Justice.

Plaintiff was granted a judgment against defendant by the Ogden City Court. The defendant sought an appeal to the District Court. The latter court, upon proper motion of plaintiff, dismissed the appeal for failure of defendant to deposit the required fees. Defendant appeals from this order of dismissal.

The judgment of the city court was signed by the judge on December 9, 1964, .and a copy thereof mailed to defendant’s .attorney the same day. However, the clerk of the court did not enter the judgment until the following day. On January 7, 1965, defendant filed its notice of…