Legal Opinion · Concurrence

Fisher v. Bylund

Utah Supreme Court

Decided September 13, 1939No. 6034Published

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

  1. Moser v. LundahlUtah Supreme Court · 1939

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