Gorringe v. Read
Utah Supreme Court
Appeal from tbe Second District Court, Weber County.— Hon. H. H. Bolcepp, Judge. Action to set aside and cancel a deed to certain real property executed by the plaintiff to the defendant and to have the plaintiff adjudged to be the real owner of the premises. From a judgment in favor of the defendant, the plaintiff appealed.
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Appeal from tbe Second District Court, Weber County.— Hon. H. H. Bolcepp, Judge. Action to set aside and cancel a deed to certain real property executed by the plaintiff to the defendant and to have the plaintiff adjudged to be the real owner of the premises. From a judgment in favor of the defendant, the plaintiff appealed. It is a well-settled rule of procedure that the bill of exceptions must be-settled, signed and filed within the time required by law, or it does not constitute part of the record. And the court or judge has no power to extend the time. Nye v. Old Colony Railroad Co., 124…
1Opinion of the Court
.BARTCH, J.
This is an action in equity, and was brought to set aside and cancel a deed to certain real property executed by the plaintiff to the defendant, and to have the plaintiff adjudged to be the real owner of the premises. The case is before us for the second time. On the former occasion the appeal was from a judgment of nonsuit granted at the close of the plaintiff’s testimony. We then granted a reversal and remanded the caus$, for further proceedings. See 23 Utah 120, 63 Pac. 902. Thereafter the court below proceeded with the case pursuant to the mandate of this court, and, after the…
2Cases cited11 opinions
- Whitesides v. GreenUtah Supreme Court · 1896
- Watson v. MayberryUtah Supreme Court · 1897
- Block v. Salt Lake Rapid Transit Co.Utah Supreme Court · 1893
- McKay v. FarrUtah Supreme Court · 1897
- Dwyer v. Salt Lake City Copper Manufacturing Co.Utah Supreme Court · 1896
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3Cited by2 opinions
- Olson v. Oregon Short Line RailroadUtah Supreme Court · 1902
- Findlay v. National Union Indemnity Co.Utah Supreme Court · 1934