Jeremy Fuel & Grain Co. v. Denver & R. G. R.
Utah Supreme Court
Appeal from District Court, Third District, Salt Lake County; John F. Tobin, Judge. Action by the Jeremy Fuel & Grain Company against the Denver & Rio Grande Railroad Company. Judgment for the plaintiff, and defendant appeals. On respondent’s motion to strike the bill of exceptions.
1Opinion of the CourtFrick, J.
Respondent has filed a motion to strike the bill of exceptions upon various grounds. The grounds that are material here are (1) that the district court was without jurisdiction to allow and settle the bill of exceptions, for the reasons hereinafter stated, and (2) that it is not made to appear from the bill of exceptions that the district court allowed and settled it within the time authorized by our statute.
We desire to state at the outset that in this case we have departed from the general rule of procedure in this court. Usually, where a motion to strike a bill of exceptions or to dismiss…
2Cases cited35 opinions
- Connell v. HigginsCalifornia Supreme Court · 1915
- Frassi v. McDonaldCalifornia Supreme Court · 1898
- I. X. L. Furniture & Carpet Installment House v. BeretsUtah Supreme Court · 1907
- Newport News, Co. v. ThomasCourt of Appeals of Kentucky · 1895
- State v. AikersUtah Supreme Court · 1935
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3Cited by12 opinions
- Wilshire Construction Co. v. Union Electric Co.Supreme Court of Missouri · 1971
- Maybee v. MaybeeUtah Supreme Court · 1932
- United States v. PayneCourt of Appeals for the Ninth Circuit · 1934
- Thompson v. ReynoldsUtah Supreme Court · 1922
- Long v. BrownSupreme Court of Oklahoma · 1939
7 more not listed; retrieve them via the Exa API.