Wright v. Lee

In the case of Kiesel v. District Court, 96 Utah 156,84 P.2d 782, 784, it was stated:

"But we think the legislature intended to make the requirement so positive and unequivocal as to require the court to dismiss the suit if the bond was not filed at least contemporaneously with the complaint if motion to dismiss was timely made."

I refer to my concurring opinion in the former appeal of this case, 101 Utah 75, 118 P.2d 132. I called attention to the fact that where the complaint did not show that the defendants were peace officers or, if it so showed, did not reveal that the conduct sued on…