O'Gara v. Findlay

McDONOUGH, Chief Justice.

This case was before this court on a former appeal, O’Gara v. Findlay, 6 Utah 2d 102, 306 P.2d 1073, and a decision rendered affirming the judgment of the lower court.

Appellant O’Gara on this appeal contends the lower court erred in refusing his motion made after remittitur to strike from its decree the phrase “ * * * including 12 shares of water in the Davis and Weber Counties Canal Company * * alleging these shares had never been in issue at trial. Appellant’s motion was filed subsequent to the action of this court as noted above. Although other issues are raised in…