Eastman v. Gurrey
Utah Supreme Court
Appeal from the district court, Third judicial district. Hon. John A. Street, Judge. Ejectment by M. Eastman against A. E. Gurrey. From an order vacating a judgment for plaintiff, plaintiff appeals. Respondent moves to dismiss the appeal on the ground that the order setting aside the judgment was not final.
1Opinion of the Court
MINER, J.:
It appears from the record in this case that the plaintiff recovered judgment in the district court in an action in ejectment against the def endant in February, 1896. This judgment was afterwards set aside and vacated, and a new trial granted, on motion of the defendant. The appellant appeals from the order vacating and setting-aside the judgment. The respondent now moves to- dismiss the appeal on the ground that no appeal lies to this ■coúrt from an order vacating and setting aside thi^judg-rnent, under section 9 of article 8 of the state constitution, and that such order was not…
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