Wright v. Lee

This case is here on a second appeal. Both appeals are from the order of the District Court dismissing plaintiff's complaint for failure to file a bond as security for costs and attorney's fees, on motion of defendants Lee, Rogers and Randall. The allegations of the amended complaint are the same as those involved in the former appeal. The dismissal is based upon Sec. 104-44-22, U.C.A. 1943. The allegations of the amended complaint and the section of the statute are quoted at length in the former opinion, 101 Utah 76, 118 P.2d 132.

Appellant presents four questions: (1) Failure of the trial…