Snow v. Rich
Utah Supreme Court
Appeal from the First District Court, Boxelder County. Hon. Charles H.. Hart, Judge. Action in ejectment for a certain piece of land in Brigham City. Defendant denied plaintiff’s allegations of ownership and plead the statute of limitation. From a judgment for defendant plaintiff appealed.
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Appeal from the First District Court, Boxelder County. Hon. Charles H.. Hart, Judge. Action in ejectment for a certain piece of land in Brigham City. Defendant denied plaintiff’s allegations of ownership and plead the statute of limitation. From a judgment for defendant plaintiff appealed. Civil actions can be commenced only within the periods prescribed in the three succeeding chapters, after the cause of action shall have accrued, except where in special cases a different limitation is prescribed by státute. Com. Laws 1888, Sec. 3129, Rev. Stat. Sec. 2855. The possession that will bar a…
1Opinion of the Court
McCarty, District Judge,
after stating the facts delivered the opinion of the court.
"This court has repeatedly held that a judgment is' not final while a motion for a new trial, made within the time allowed by law, is pending and undisposed of, and that an appeal taken and perfected within six months from the date of overruling the motion for a new trial is taken in time. Watson v. Mayberry, 15 Utah, 265; Orchard Co. v. Hanley, 15 Utah, 506; Stoll v. Daly Min. Co., 19 Utah, 271; 57 Pac. 295.
On the authority of these cases the motion to dismiss the appeal is overruled.
Plaintiff offered to prove…
2Cases cited8 opinions
- Webber v. ClarkeCalifornia Supreme Court · 1887
- Watson v. MayberryUtah Supreme Court · 1897
- Manning v. DallasCalifornia Supreme Court · 1887
- Stoll v. Daly Mining Co.Utah Supreme Court · 1899
- Bear River Valley Orchard Co. v. HanleyUtah Supreme Court · 1897
3 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Mueller Lumber Co. v. McCaffreySupreme Court of Iowa · 1908
- Kline v. MurrayMontana Supreme Court · 1927
- Conradt v. LepperWyoming Supreme Court · 1904
- Bowman v. Ogden CityUtah Supreme Court · 1908
- Bryan v. Inspiration Consolidated Copper Co.Arizona Supreme Court · 1925
2 more not listed; retrieve them via the Exa API.