Legal Opinion

First National Bank of Hailey v. Lewis

Utah Supreme Court

Decided June 23, 1896No. 701PublishedCited by 7 opinions

Appeal from the Second district court, Weber county. Son, H. H. Eolapp, Judge. Action by the First National Bank of Hailey, Idaho, against Hyrum D. Lewis and others. An appeal was taken from a territorial district court to the Territorial supreme court on an order of the judge, granting a new trial. The supreme court amended the judgment of the court below, which was entered by that court accordingly.

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Appeal from the Second district court, Weber county. Son, H. H. Eolapp, Judge. Action by the First National Bank of Hailey, Idaho, against Hyrum D. Lewis and others. An appeal was taken from a territorial district court to the Territorial supreme court on an order of the judge, granting a new trial. The supreme court amended the judgment of the court below, which was entered by that court accordingly. From the judgment entered in pursuance of the order of supreme court defendant appeals.

1Opinion of the Court

Bartch, J.:

This action was brought to recover upon a judgment rendered in Idaho. The case was tried, and judgment in the sum of $4,152.39 entered against the defendants, as executors of the will of J. D. Lewis, deceased. This judgment was afterwards set aside, and a new trial granted. Thereupon the plaintiff appealed to the supreme court, where it was held that the lower court erred in granting a new trial, and the case was remanded, with directions to the trial court to make certain amendments to the judgment, so as to indicate more clearly that it was against the respondents, as executors…

Also in this document: Concurrence.

2Cases cited3 opinions

  1. Washington Bridge Co. v. StewartSupreme Court of the United States · 1845
  2. Krantz v. Rio Grande Western Railway Co.Utah Supreme Court · 1896
  3. State v. Waupacca County BankWisconsin Supreme Court · 1866

3Cited by7 opinions

  1. Miller v. USAA Casualty Insurance Co.Utah Supreme Court · 2002
  2. Powell v. CannonUtah Supreme Court · 2008
  3. Potter v. Ajax Mining Co.Utah Supreme Court · 1900
  4. Woodward v. PerkinsMontana Supreme Court · 1946
  5. Snyder v. Pima CountyArizona Supreme Court · 1898

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