Hamilton v. Dooly
Utah Supreme Court
Appeal from the Third district court, Salt Lake county. Hon. M. L. Ritchie, Judge. Bill by J. F. Hamilton and John S. Rohrer against John E. Dooly. Decree for defendant, and plaintiff appeals. This is a suit in equity, brought to establish a trust in favor of the plaintiffs, and to compel an accounting by the defendant, as trustee, for certain proceeds of the sale of a mine, and for other property which came into his hands as trustee and executor of an estate.
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Appeal from the Third district court, Salt Lake county. Hon. M. L. Ritchie, Judge. Bill by J. F. Hamilton and John S. Rohrer against John E. Dooly. Decree for defendant, and plaintiff appeals. This is a suit in equity, brought to establish a trust in favor of the plaintiffs, and to compel an accounting by the defendant, as trustee, for certain proceeds of the sale of a mine, and for other property which came into his hands as trustee and executor of an estate. It was alleged in the complaint, substantially, that on or about the 20th of June, 1884, one William A. Norton was indebted to the…
1Opinion of the CourtBartch, J.
It is contended for the respondent at the outset that the statement on motion for a new trial is not properly a part of the record on which the appeal was taken, because, as is insisted, notice of intention to move for a new trial was not served in time, as required by section 3402, Comp. Laws Utah 1888, and was defective. The statute requires the moving party to serve such notice within 10 days after notice of the decision of the court when the cause is tried without a jury. The question, therefore, is, when ought the notice to have been served? The first decision of the cause was announced…
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