Stoll v. Daly Mining Co.
Utah Supreme Court
Appeal from tbe Third District Court, Summit county, Hon. A. G. Norrell, Judge. Action. by plaintiff to recover damages for personal injuries. From a verdict for plaintiff defendant appeals. There is no need of citation of authorities to sustain the well established rule of law, that parol testimony of the contents of a writing is not competent, until it is shown that the writing itself can not be produced.
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Appeal from tbe Third District Court, Summit county, Hon. A. G. Norrell, Judge. Action. by plaintiff to recover damages for personal injuries. From a verdict for plaintiff defendant appeals. There is no need of citation of authorities to sustain the well established rule of law, that parol testimony of the contents of a writing is not competent, until it is shown that the writing itself can not be produced. The rule of law extends to rules for the regulation and government of the conduct of employees. Georgia, etc., R. Y. Co. v. Propst (Ga.), 7 So., 635•, Railroad Oo. v. McMullen, (Ind.), 20…
1Opinion of the CourtOarty, District Judge
We deem it unnecessary to enter into a discussion of the question raised by respondent’s motion to dismiss the appeal, as to whether or not a judgment entered on a verdict is final, while a motion for a new trial, made within the time allowed by law, is pending and undisposed of. In the case of Watson v. Mayberry, 15 Utah, 265, Mr. Chief Justice Zane, speaking for tljis court, said: “A judgment terminating the litigation between the parties in the court rendering it is final. The litigation is not terminated while a motion for a new trial, made within the time given by law, may be lawfully…
2Cases cited19 opinions
- Pittsburgh, Fort Wayne, & Chicago Railway Co. v. RubyIndiana Supreme Court · 1871
- Cincinnati, Hamilton & Dayton Railroad v. McMullenIndiana Supreme Court · 1889
- Watson v. MayberryUtah Supreme Court · 1897
- Coppins v. New York Central & Hudson River RailroadNew York Court of Appeals · 1890
- Missouri Pacific Railway Co. v. LamotheTexas Supreme Court · 1890
14 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- Kline v. MurrayMontana Supreme Court · 1927
- Linden v. Anchor Mining Co.Utah Supreme Court · 1899
- Cutler v. Pittsburg Silver Peak Gold Mining Co.Nevada Supreme Court · 1911
- Engen v. Rambler Copper & Platium Co.Wyoming Supreme Court · 1912
- Anderson v. Halthusen Mercantile Co.Utah Supreme Court · 1906
10 more not listed; retrieve them via the Exa API.