Wescott v. Eccles
Utah Supreme Court
Appeal from the third district court. The opinion states the facts. The plaintiff himself docketed the case in the district court, and thus submitted himself to its jurisdiction. His act was a waiver of all objections: McComb v. Johnson, 47 Mich. 592; Coppernoll v. Ketchum, 56 Barb.
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Appeal from the third district court. The opinion states the facts. The plaintiff himself docketed the case in the district court, and thus submitted himself to its jurisdiction. His act was a waiver of all objections: McComb v. Johnson, 47 Mich. 592; Coppernoll v. Ketchum, 56 Barb. Ill; Seymour v. Judd, 2 N. Y. 464; Pierce v. Pehfuss, 35 Mich. 53; Falh-ner v. Beers, 2 Dough 117; Lane v. Leech, 44 Mich. 166; Palee v. Miller, 15 Hun, 366; Clapp v. Graves, 26 N. Y. 419; Barker v. Lns. Co., 24 Wis. 630; Lowe v. Stringham, 14 Id. 222. It is not claimed that there is any defect in the proceedings…
1Opinion of the Court
Emerson J.:
This action was commenced in a justice’s court. On the trial in that court, the plaintiff recovered a judgment for two hundred and seventy-five dollars damages and seven dollars costs, which was rendered by the justice October 28, 1881, and the defendant appealed to the district court, On the seventh day of November, 1881, the appeal bond having been filed, notice of appeal served and filed, and the cost of the justice, including transcript, paid, the appeal was perfected. The justice deposited, on the twelfth day of November, 1881, the files of the case in his court, with a…
2Cited by15 opinions
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- United States v. LombardoDistrict Court, W.D. Washington · 1915
- Commercial Standard Ins. Co. v. GarrettCourt of Appeals for the Tenth Circuit · 1934
- In re HarnikDistrict Court, W.D. Arkansas · 1962
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