Fuller v. Ferrin
Utah Supreme Court
Appeal from District Court, Second District; Hon. J. A. Howell, Judge. Suit between Enoch E. Fuller and Earlgur Ferrin et al. Motion for new trial denied the former. He appeals.
1Opinion of the CourtThurman, J.
Appellant’s motion for a hew trial in this case was overruled by the trial court June 5, 1916. On December 6, 1916, appellant filed and served his notice of appeal. Respondent moved to dismiss the appeal for the reason that it was not taken in time. Comp. Laws Utah 1907, section 3301, provides :
*106“An appeal may be taken within six months from the entry of the judgment or order appealed from. ’ ’
This court has uniformly held that a judgment for the purpose of an appeal becomes final on the overruling of a motion for a new trial. Watson v. Mayberry, 15 Utah, 265, 49 Pac. 479; Stoll v. Daly Min.…
2Cases cited11 opinions
- Everett v. JonesUtah Supreme Court · 1907
- Watson v. MayberryUtah Supreme Court · 1897
- Weeks v. HullSupreme Court of Connecticut · 1849
- Felt v. CookUtah Supreme Court · 1906
- Towell v. HollwegIndiana Supreme Court · 1881
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3Cited by7 opinions
- Coray v. Southern Pac. Co.Utah Supreme Court · 1947
- Provo Reservoir Co. v. TannerUtah Supreme Court · 1926
- Smith v. BarrettUtah Supreme Court · 1933
- Independent Gas & Oil Co. v. Beneficial Oil Co.Utah Supreme Court · 1928
- Petersen v. Ohio Copper Co.Utah Supreme Court · 1928
2 more not listed; retrieve them via the Exa API.