Fisher v. Bylund
Utah Supreme Court
1ConcurrenceWolfe, Justice
I concur in the results. I think it unnecessary to determine in this case whether the premature filing of a bond is a nullity. It may well be that the bond could be considered as filed with the notice of appeal, having reposed in readiness for that event and becoming effective as a bond at that time. The respondent would then have his ten days after notice of appeal to object. A check of the record within five days after notice of appeal would of course reveal that a bond had been filed. Under the holding of this decision the respondent could ignore the prematurely filed bond as a nullity and…
2Cases cited1 opinion
- Moser v. LundahlUtah Supreme Court · 1939