Larson Ford Sales, Inc. v. Silver

551 P.2d 233 (1976)

LARSON FORD SALES, INC., Plaintiff and Respondent,

v.

J. Taylor SILVER, Defendant and Appellant.

No. 14391.

Supreme Court of Utah.

June 4, 1976.

Gordon F. Esplin, Salt Lake City, for defendant and appellant.

Richard B. Cuatto, Salt Lake City, for plaintiff and respondent.

MAUGHAN, Justice:

On appeal is a judgment of the district court dismissing an appeal from the small claims court. We affirm.

Defendant asks that 78-6-10, U.C.A. 1953, be declared unconstitutional. That section requires one appealing from a judgment in a small claims court to file the notice of appeal within five…