Kahn v. Central Smelting Co.
Utah Supreme Court
Appeal from the Third Judicial District Court. The case was submitted on November 17, 1877, and on November 21, 1877, the court filed its findings of fact and conclusions of law, and on the same day the judge rendered a written opinion in the case. On the 5th day of December, 1877, at the request of plaintiff, and after the judgment had been entered upon the former finding, the court caused other findings to be filed in the cause.
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Appeal from the Third Judicial District Court. The case was submitted on November 17, 1877, and on November 21, 1877, the court filed its findings of fact and conclusions of law, and on the same day the judge rendered a written opinion in the case. On the 5th day of December, 1877, at the request of plaintiff, and after the judgment had been entered upon the former finding, the court caused other findings to be filed in the cause. Both sets of findings were incorporated in the trancript on the appeal, which is on the judgment roll alone. At the January term, 1878, when the ease was called for…
1Opinion of the CourtEmersoN, J.
A motion is made to strike from the transcript on appeal *374the portion thereof headed “ findings of fact at the request of plaintiff,” on the ground that they are not properly a part of the record.
It appears that the case was tried by the court without a jury. The cause was submitted on the 17th November, 1877. Three days thereafter, on the 21 st, the court filed its findings of fact and conclusions of law, and- a judgment for the defendants entered on that day. The plaintiff excepted to the findings generally, as appears by the record. On the 5th day of December following, the plaintiff…
2Cases cited3 opinions
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3Cited by9 opinions
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- Clawson v. WallaceUtah Supreme Court · 1898
- Utah National Bank of Salt Lake City v. NelsonUtah Supreme Court · 1910
- Cointe v. Congregation of St. John the BaptistWisconsin Supreme Court · 1913
- Maxwell Steel Vault Co. v. National Casket Co.District Court, N.D. New York · 1913
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