Van Why v. Southern Pac. Co.
Utah Supreme Court
Appeal from District Court, Weber County - J. .A. Howell, Judge. Action by Ella 0. Van Wliy, as administratrix ofsthe estate of John C. Van Why, deceased, against the Southern Pacific Company and another. Erom a judgment in favor of plaintiff, defendants appeal. On motion to strike a pretended bill of exceptions from the record. RESPONDENT*S POINTS. The court was therefore, without jurisdiction or authority to settle or allow the bill.
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Appeal from District Court, Weber County - J. .A. Howell, Judge. Action by Ella 0. Van Wliy, as administratrix ofsthe estate of John C. Van Why, deceased, against the Southern Pacific Company and another. Erom a judgment in favor of plaintiff, defendants appeal. On motion to strike a pretended bill of exceptions from the record. RESPONDENT*S POINTS. The court was therefore, without jurisdiction or authority to settle or allow the bill. (Butler v. Lamson [Utah], 82 Pac. 473.). The statute is peremptory and unambiguous and requires the bill to be presented within ten days after its return to…
1Opinion of the CourtStratjp, J.
In this case a motion is made by the respondent to strike from the record the pretended bill of exceptions on the grounds that it was presented and settled without notice to her, and because it was not presented or delivered for settlement within the time prescribed by the statute'. The statute (section 3286, Rev. St. 1898, as amended by chapter 7, p. 7, Laws 1905) provides that a party desiring to have a bill of exceptions settled shall, within thirty days after entry of judgment or service of notice of the determination of a motion for a new trial, prepare a draft of a bill and serve the…
2Cases cited14 opinions
- Michigan Insurance Bank v. EldredSupreme Court of the United States · 1892
- Tregambo v. Comanche Mill & Mining Co.California Supreme Court · 1881
- Henry v. MerguireCalifornia Supreme Court · 1895
- Butter v. LamsonUtah Supreme Court · 1905
- Fechheimer v. TrounstieneSupreme Court of Colorado · 1888
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3Cited by3 opinions
- Scholz v. Standard Accident InsuranceSupreme Court of Virginia · 1926
- Salina Canyon Coal Co. v. KlemmUtah Supreme Court · 1930
- Freeman v. WeareMontana Supreme Court · 1911