Lancino v. Smith
Utah Supreme Court
Appeal from District Court, Third District; Hon. T. D. Lewis, Judge. Action by John Lancino against Bert L. Smith and another. Plaintiff had judgment against defendant Smith, from which, and an order denying a motion for new trial, said defendant appealed.
1Opinion of the CourtPrick, J.
The complaint in this action was filed in August, 190Y, and the answer thereto in September following. On the 3d day of February, 1908, the case being regularly on the trial calendar, it was set to be tried on April 2, 1908. On the 31st day of March, by consent of the attorneys for both parties, the trial was postponed to April 10, 1908. At said time, when the case was again reached in its order, the attorneys for the defendants filed a motion, supported by an affidavit, to continue the case. The affidavit, which .was made by one of the attorneys, in substance contained the following…
2Cited by4 opinions
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