Buckner v. Main Realty and Insurance Co.

McDonough, chief justice.

The lower court entered judgment dismissing the appeal of Main Realty and Insurance Company and Robert Stevenson, defaulting defendants in an action commenced in City Court by Donald Buckner. Notice of appeal was served and filed sixty-four days after entry of judgment by default, and the District Court held that the appeal was not taken within the time prescribed by the Utah Rules of Civil Procedure, U.C.A.1953, Title 78. No notice of entry of judgment was served upon the appellants and they here claim that notice was necessary to start running the time in which to…