Legal Opinion

Boucofski v. Jacobsen

Utah Supreme Court

Decided June 12, 1909No. 1940PublishedCited by 68 opinions

Appeal from District Court, Third District; Ron. G. W. Morse, Judge. Action by Selina Nixon Boucofski and others against Esther Cohen Jacobsen and others. Judgment denying foreclosure and a personal judgment against the defendant named. Plaintiffs appeal. APPELLANTS'’ POINTS. The right of appeal is given only from final judgment.

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Appeal from District Court, Third District; Ron. G. W. Morse, Judge. Action by Selina Nixon Boucofski and others against Esther Cohen Jacobsen and others. Judgment denying foreclosure and a personal judgment against the defendant named. Plaintiffs appeal. APPELLANTS'’ POINTS. The right of appeal is given only from final judgment. (Article 8, section 9, Constitution, Utah, section 3300 Revised Statutes.) “Final judgment means judgment terminating the litigation between the parties in the court rendering it, and when a motion for new trial is duly made within the period presented by law, the…

1Opinion of the CourtFeign, J.

Tbis case was beard and submitted at a former term of tbis court, and on November 1, 1908, we filed an opinion in the case by wbicb tbe judgment refusing a foreclosure of appellant’s mortgage was affirmed and tbe judgment in favor of respondent Jacobsen reversed. A petition for a rebearing was filed by tbe appellants. Upon a consideration thereof we entertained some doubts as to tbe correctness of our conclusions, and granted a rebearing. Tbe ease was again argued by respective counsel at tbe last term of tbis court. After reargument we bave become convinced that tbe views expressed by us in…

2Cases cited19 opinions

  1. Biddel v. BrizzolaraCalifornia Supreme Court · 1883
  2. Wood v. GoodfellowCalifornia Supreme Court · 1872
  3. McKean v. German-American Savings BankCalifornia Supreme Court · 1897
  4. Colonial & United States Mortgage Co. v. Northwest Thresher Co.North Dakota Supreme Court · 1905
  5. Hibernia Sav. and Loan Soc. v. FarnhamCalifornia Supreme Court · 1908

14 more not listed; retrieve them via the Exa API.

3Cited by68 opinions

  1. In re J. P.Utah Supreme Court · 1982
  2. Foil v. BallingerUtah Supreme Court · 1979
  3. State v. ClarkUtah Supreme Court · 2011
  4. State v. DanielsUtah Supreme Court · 2002
  5. State v. NortonUtah Supreme Court · 1983

63 more not listed; retrieve them via the Exa API.

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