Hutchinson v. Smart
Utah Supreme Court
Appeal from District Court of Cache County, Second District; Hon. J. A. Howell, Judge. Action by Robert M. Hutchinson against Thomas Smart. From a judgment for defendant. Plaintiff appeals.
1Opinion of the CourtFrick, C. J.
At the threshold of this case we are met with a motion by the defendant to dismiss the appeal: (1) Because the transcript on appeal was not filed in time; and (2) because no appeal bond or affidavit of impecuniosity as required by our statute was filed within the time specified in the statute. It was made to appear, however, that the plaintiff had obtained an exten-*174si on of time from one of the justices of this court within which to file the transcript on appeal, and it was further made to appear that an affidavit of impecuniosity was filed in proper time. The motion to dismiss the appeal…
2Cases cited1 opinion
- Dayton v. FreeUtah Supreme Court · 1914
3Cited by4 opinions
- Jeremy Fuel & Grain Co. v. Denver & R. G. R.Utah Supreme Court · 1921
- Ukon Water Co. v. RookerUtah Supreme Court · 1920
- Taylor v. Paloma Gold & Silver Mining Co.Utah Supreme Court · 1918
- Schvaneveldt v. CleggUtah Supreme Court · 1929