Legal Opinion

Paragoonah Field & Canal Co. v. Edwards

Utah Supreme Court

Decided January 15, 1894PublishedCited by 2 opinions

Appeal írom a decree of the district court of the second district and from an order refusing a ■ new trial, Hon. T. J. Anderson, judge. The transcript in this case was in a remarkable condition.

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Appeal írom a decree of the district court of the second district and from an order refusing a ■ new trial, Hon. T. J. Anderson, judge. The transcript in this case was in a remarkable condition. It showed the complaint and answer, the evidence taken at the trial, the findings and decree, a notice of motion for a new trial, specifying errors; then followed a specification of errors, pointing out wherein the evidence was insufficient; then followed the notice of appeal and undertaking, and a stipulation to this effect: “The foregoing record is a full, true and correct copy .of the judgment…

1Opinion of the Court

Smíth, J.:

In this case there is an appeal from the judgment and from an order denying defendant’s motion for new trial.

The appeal from the order denying a new trial must be disregarded.

*479The statement on motion for new trial was settled and signed by the judge and the motion for a new trial was founded on it. The statement contains no specifications of insufficiency of the evidence or of errors of law; there were no affidavits used on the motion; ■ Sec. 3402, sub. sec. 3 of the Compiled Laws, provides, among other things:

“ If no specifications be made the statement shall be disregarded on the…

2Cited by2 opinions

  1. Van Pelt v. ParkUtah Supreme Court · 1898
  2. Mader v. TaylorUtah Supreme Court · 1897

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