Fisher v. Emerson
Utah Supreme Court
Appeal from the Second district court, Weber county. H. H. Eolapp, Judge. Suit by Nellie E. Fisher and others against Harriet S. Emerson. Judgment for plaintiffs. Defendant appeals. After the court made and filed its findings, it had no power or authority to hear other testimony or make other findings without a motion for new trial by the plaintiff, nor without setting aside its findings of fact and granting such new trial. Hayne on New Trial and Appeal, sec. 246; Hidden r.
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Appeal from the Second district court, Weber county. H. H. Eolapp, Judge. Suit by Nellie E. Fisher and others against Harriet S. Emerson. Judgment for plaintiffs. Defendant appeals. After the court made and filed its findings, it had no power or authority to hear other testimony or make other findings without a motion for new trial by the plaintiff, nor without setting aside its findings of fact and granting such new trial. Hayne on New Trial and Appeal, sec. 246; Hidden r. Jordan, 28 Cal. 305; Price v. Lynch, 38 Cal. 528; Gowning v. Rogers, 34 Cal. 652; Grim v. Kessing, 89 Cal. 478. Cited:…
1Per curiam
This action was brought to enjoin defendant from constructing a fence upon a right of way alleged to belong to the plaintiffs, and that plaintiffs be decreed to have free use of such right of way. An order to show cause why an injunction should not issue, restraining the defendant from the acts complained of, was issued, and made returnable July 7, 1896. The cause came on regularly for hearing upon the order to show cause on the day set for said hearing, and upon the complaint and answer in the case. A trial was had, witnesses sworn and examined on behalf of both parties, documentary evidence…
2Cases cited3 opinions
- Crim v. KessingCalifornia Supreme Court · 1891
- Hidden v. JordanCalifornia Supreme Court · 1865
- Prince v. LynchCalifornia Supreme Court · 1869
3Cited by13 opinions
- In re Hanson's WillUtah Supreme Court · 1917
- Dillon Implement Co. v. CleavelandUtah Supreme Court · 1906
- Clawson v. WallaceUtah Supreme Court · 1898
- Mason v. MasonUtah Supreme Court · 1945
- Bellion v. DurandUtah Supreme Court · 1911
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