Legal Opinion

Lees v. Freeman

Utah Supreme Court

Decided May 25, 1899PublishedCited by 7 opinions

Appeal from the Fourth District Court, Htah County, Hon. Warren N. Dusenberry, Judge. Judgment was entered August 5, 1897, and on February 18 defendant I. E. Freeman filed bis verified petition in the case to modify and correct the judgment. On tbe 12th day of September, 1898, the judgment was modified and corrected in accordance with the petition. From the order and judgment of modification plaintiff appeals. .STATEMENT OF FACTS.

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Appeal from the Fourth District Court, Htah County, Hon. Warren N. Dusenberry, Judge. Judgment was entered August 5, 1897, and on February 18 defendant I. E. Freeman filed bis verified petition in the case to modify and correct the judgment. On tbe 12th day of September, 1898, the judgment was modified and corrected in accordance with the petition. From the order and judgment of modification plaintiff appeals. .STATEMENT OF FACTS. In this case, trial was had before the court on April 12, 1897. The court took the case under advisement, and on the 12th day of July, 1897, the clerk of said court…

1Opinion of the CourtMiner, J.

Section 3256, C. L. U., 1888, as amended, provides among other things, that the court may ‘ ‘ upon such terms as may be just, relieve a party or legal representative from a judgment, order, or other proceeding taken against him through his mistake, inadvertence, surprise, or excusable neglect; and when, for any reason satisfactory to the *485court, or the judge thereof, the party aggrieved has failed to apply for the relief sought during the term at which such judgment, order, or proceeding complained of was taken, the court, or the judge thereof in vacation, may grant the relief upon the…

2Cases cited6 opinions

  1. People v. HarrisonCalifornia Supreme Court · 1890
  2. Blyth & Fargo Co. v. SwensonUtah Supreme Court · 1897
  3. Fisher v. EmersonUtah Supreme Court · 1897
  4. Lapham v. CampbellCalifornia Supreme Court · 1882
  5. Elliott v. BastianUtah Supreme Court · 1895

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3Cited by7 opinions

  1. Richards v. SiddowayUtah Supreme Court · 1970
  2. Salt Lake City v. Industrial CommissionUtah Supreme Court · 1933
  3. Dairy Distributors, Inc. v. Local Union 976Utah Supreme Court · 1964
  4. J. P. Fowler Mfg. Co. v. City Court of Salt Lake CityUtah Supreme Court · 1919
  5. J. B. Colt Co. v. District Court of Fifth Judicial Dist. Ex Rel. Millard CountyUtah Supreme Court · 1928

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