Hanson v. District Court of Third Judicial District in & for Salt Lake County

I dissent. I concur in the general thesis of the prevailing opinion that the second, or amended, undertaking was sufficient to have formed the basis for an action against the sureties; and that the District Court might have refused to dismiss the appeal, and ordered a new undertaking filed. I arrive at this conclusion, however, on a somewhat different rationale than that employed by the CHIEF JUSTICE. I dissent from the order made by the prevailing opinion. Since what seems to me the logical result of the rationale of the main opinion would ultimately lead the courts, the profession and the…