Marsh v. Utah Homes, Inc.

I dissent. The difficulty I see with this case is that on the one hand it allows the plaintiff the advantage of liberality in procedure for his actions and on the other, imposes a very strict standard of compliance upon the defendant. Rule 73(h) provides that “An appeal may be taken to the District Court * * * within one month after notice of the entry of such judgment.” It is significant that here there had been no exact fulfillment of the requirement of giving “notice of the entry of such judgment” by the plaintiff. A day before the judgment was entered, plaintiff caused a carbon copy of a…