State ex rel. Peart v. Third Judicial District Court, Salt Lake County
Utah Supreme Court
Application by the state, on relation of Jacob Peart and others, for a writ of prohibition against the Third judicial district court, Salt Late county, and T. D. Lewis, judge.
1Opinion
ON REHEARING.
STRAUP, J.
In our original opinion we reached the conclusion that the district court was without jurisdiction because no notice was given of the filing of the undertaking as required by statute. At the hearing a further point was made, that the notice of appeal was ineffectual because served on the 28th day of September and filed on the 1st day of October. Having held *422that the district court was without jurisdiction because of the first point, we deemed it unnecessary to determine whether it also was without jurisdiction because of the second point. On petition for rehearing the…
2Cases cited11 opinions
- Daniels v. DanielsSupreme Court of Colorado · 1886
- Coker v. Superior CourtCalifornia Supreme Court · 1881
- Buffendeau v. EdmondsonCalifornia Supreme Court · 1864
- Hall v. Superior CourtCalifornia Supreme Court · 1885
- State ex rel. Alladio v. Superior CourtWashington Supreme Court · 1897
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