Sears v. Ogden City

I dissent. The questions presented to us by this appeal are set out in appellants’ assignments of error, to wit:

Point I. Appellants have vested right in dedicated street.

Point II. Appellants were deprived of property rights without due process of law.

They did not claim that there was any error in giving the vacated street to the Board of Education.

The main opinion does not answer their contentions but pulls an unseen rabbit out of the hat in order to reverse the trial court. This should not be done. It is true that anything shown by the record may be considered in order to affirm a trial…