Smith v. District Court of the Second Judicial District
Utah Supreme Court
The plaintiff brought an action against a railroad company wherein he recovered judgment. The company appealed to the district court and thereafter the case was dismissed for want of prosecution. Upon the application of the plaintiff, a writ of certiorari was issued from this court. Demurrer to the petition and motion to quash the writ sustained.
1Opinion of the Court
PER CURIAM.-
The plaintiff in this proceeding brought an action against the railroad company in the justice court of Davis county, wherein judgment was rendered in his favor. The defendant then appealed to the district co-urt, and thereafter, said plaintiff not being prepared to proceed with the trial, the case was dismissed for want of prosecution. Thereupon a writ of certiorari was issued from this court upon the application of said plaintiff, who claimed that said district court had exceeded its jurisdiction in dismissing said case. To the petition the defendant filed its demurrer, and a…
2Cases cited2 opinions
- Crooks v. Fourth Judicial District Court of UtahUtah Supreme Court · 1899
- Hansen v. AndersonUtah Supreme Court · 1900
3Cited by5 opinions
- Oregon Short Line R. v. District Court of Third Judicial DistrictUtah Supreme Court · 1906
- Chesney v. District Court of Salt Lake CountyUtah Supreme Court · 1941
- State v. TaylorUtah Supreme Court · 1983
- State v. TaylorUtah Supreme Court · 1983
- Thomas v. District Court of Third Judicial Dist. Ex Rel. Salt Lake CountyUtah Supreme Court · 1946