Post v. Foote
Utah Supreme Court
Appeal from the District Court Salt Lake County, Hon. A. N. Cherry, Judge. Appellants were purchasers at an execution sale of certain personal property. A motion to set aside the sale was served upon appellants, and after hearing, an order was entered by the District Court setting aside the sale. From that order appellants appeal. It may be suggested that no appeal lies from the order made in the lower court: First, because that order was discretionary with the lower court.
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Appeal from the District Court Salt Lake County, Hon. A. N. Cherry, Judge. Appellants were purchasers at an execution sale of certain personal property. A motion to set aside the sale was served upon appellants, and after hearing, an order was entered by the District Court setting aside the sale. From that order appellants appeal. It may be suggested that no appeal lies from the order made in the lower court: First, because that order was discretionary with the lower court. Second, because the cáse in the lower court was an appeal from the justice’s court. On the first point we think that in…
1Opinion of the Court 1
*240After stating the facts,
2Opinion of the Court · MinerMiner, J.
The respondents contend that the appeal should be dismissed because the order appealed from is not a final judgment, and that this court has no jurisdiction of the case. This appeal is from an order made by the district court vacating and setting aside the sale made upon an execution issued by that court upon a judgment rendered therein on an appeal from a justice of the peace.
By Sec. 7, Art. 8, of the Constitution, district courts have original jurisdiction in all matters not excepted in the Constitution. Sec. 9 of Art. 8 provides that, from a final judgment of the…
3Cases cited8 opinions
- Eureka City v. WilsonUtah Supreme Court · 1897
- Ogden City v. CrossmanUtah Supreme Court · 1898
- North Point Consolidated Irrigation Co. v. Utah & Salt Lake Canal Co.Utah Supreme Court · 1896
- Cazet v. . HubbellNew York Court of Appeals · 1867
- Hale v. . ClausonNew York Court of Appeals · 1875
3 more not listed; retrieve them via the Exa API.
4Cited by1 opinion
- Overland Gold Mining Co. v. McMasterUtah Supreme Court · 1899