Legal Opinion

Belleville Pump & Skein Works v. Samuelson

Utah Supreme Court

Decided November 6, 1897No. 841PublishedCited by 1 opinion

Appeal from tbe Third district court, Salt Lake county. A. N. Cherry, Judge. Action by the Belleville Pump & Skein Works, a corporation, against Alma Samuelson, George M. Cannon, and others. From a judgment in favor of plaintiff, defendants Samuelson and Gannon appealed, and plaintiff moves to dismiss the appeal.

1Opinion of the Court

Bartch, J.:

In this case a motion has been made to dismiss the appeal on the ground that all the adverse parties have not been served with notice, as required by section 3636, Comp. Laws Utah 1888. It appears there were a number *120of defendants in the case, only two of whom — Samuelson and Cannon — appealed. The appellants served notice of appeal on the plaintiff in whose favor judgment had been entered, but not on their co-defendants. Afterwards the respondent filed a motion in this court to dismiss the appeal, and thereupon, and before the case was called, all the co-defendants, in writing,…

2Cases cited3 opinions

  1. Commercial National Bank of Ogden v. United States Savings, Loan & Building Co.Utah Supreme Court · 1896
  2. Hibernia Savings & Loan Society v. LewisCalifornia Supreme Court · 1896
  3. Rache v. StanleyUtah Supreme Court · 1897

3Cited by1 opinion

  1. Allen v. GarnerUtah Supreme Court · 1914

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