Wells Fargo Company v. . Davis
New York Court of Appeals
This was an action upon a judgment of the District Court of the third judicial district of the Territory of Utah. Two questions were presented here: First. Whether the paper presented, purporting to be a copy of the judgment-roll, was properly exemplified. Second. Whether plaintiff was entitled to interest on the amount of the judgment at the rate of ten per cent.
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This was an action upon a judgment of the District Court of the third judicial district of the Territory of Utah. Two questions were presented here: First. Whether the paper presented, purporting to be a copy of the judgment-roll, was properly exemplified. Second. Whether plaintiff was entitled to interest on the amount of the judgment at the rate of ten per cent. As to the first point the court held, that no objection was taken at the trial sufficient to present the point, the court reiterating the rule that “ an objection, which could be obviated if made in time, cannot prevail when taken…
1Opinion of the Court
Danforth, J.,
reads for modification of judgment as above.
All concur, except Earl and Finch, JJ., who vote for general affirmance.
Judgment modified accordingly.
2Cited by17 opinions
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