Lukich v. Utah Const. Co.
Utah Supreme Court
Appeal from District Court, Third District; Hon. C. W. Morse, Judge. Action by Niko Lukich against the Utah Construction Company. Plaintiff was non-suited. He appeals.
1Opinion of the CourtStraup, C. J.
Our statute permits an appeal from only a final judgment. It is the settled practice in this jurisdiction that an appeal does not lie from an order granting or overruling 1 a motion for a nonsuit or new trial. Such rulings can only be reviewed on an appeal from the judgment. We are asked to dismiss this appeal on the ground that the record fails to show a judgment.
We have before us a bill of exceptions. It shows that the plaintiff, the appellant, to support the issues in his behalf, adduced his evidence and rested. It then recites that the defendant interposed a motion for a nonsuit; that the…
2Cited by15 opinions
- Attorney General of Utah v. PomeroyUtah Supreme Court · 1937
- Cook v. Stewart McKee & Co.California Court of Appeal · 1945
- Hartford Accident & Indemnity Co v. CleggUtah Supreme Court · 1943
- Patterick v. Carbon Water Conservancy Dist.Utah Supreme Court · 1944
- Lukich v. Utah Construction Co.Utah Supreme Court · 1916
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