Legal Opinion · Concurrence

Mawson v. J. G. Investment Co.

Utah Supreme Court

Decided January 29, 1970No. 11658Published

1ConcurrenceEllett, Justice

(concurring in the result) :

' I concur in affirming the judgment of the trial court for the simple reason that the appellant has not brought before this court the entire transcript of the testimony presented to the trial court.

While the certificate of the official court reporter states that it is a full, true, and correct copy of all the testimony, counsel informed us that other witnesses were sworn and examined. The only testimony brought before us by the appellant was his own testimony; and since the court is not obligated to believe a party’s testimony as against conflicting evidence, we…

2Cases cited2 opinions

  1. Sullivan v. TurnerUtah Supreme Court · 1968
  2. Neilson v. DennettUtah Supreme Court · 1969

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