Frantz v. Hansen

McDonough, Justice.

I concur in the opinion of Mr. Justice MOF-FAT as to all the ballots except as to K and N. As to those, I concur in what is said relative thereto by Mr. Chief Justice WOLFE.

However, I dissent from the order made, for the reason suggested by the CHIEF JUSTICE. For more than twenty years this court has consistently held in every case involving the question which has come before it, that cross-assignments of error without a cross-appeal are not available to a respondent for the purpose of modifying a judgment below. Fowers v. Lawson, 56 Utah 420, 191 P. 227; Commercial Block…