Legal Opinion

Naylor v. Jensen

Utah Supreme Court

Decided November 28, 1910No. 2127PublishedCited by 3 opinions

Appeal from District Court, Third District; Hon. C. W. Morse, Judge. Action by George Naylor and another against Joseph U. Jensen, John T. Rich, and another, in which Rich counterclaimed and filed a cross-complaint against W. S. Naylor and others. Judgment for plaintiffs. Rich appeals. APPELLANT’S POINTS. An order entered by a court of law upon a feigned issue is not reviewable even though it is called a judgment, and so the whole case is open for review in this court.

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Appeal from District Court, Third District; Hon. C. W. Morse, Judge. Action by George Naylor and another against Joseph U. Jensen, John T. Rich, and another, in which Rich counterclaimed and filed a cross-complaint against W. S. Naylor and others. Judgment for plaintiffs. Rich appeals. APPELLANT’S POINTS. An order entered by a court of law upon a feigned issue is not reviewable even though it is called a judgment, and so the whole case is open for review in this court. (Irrigation Go. v. Ganad Go., 14 Utah., 155; Popp v. Mining Go., 22 Utah 457; Steam Laundry v. Bole, 20 Utah 469; Peake v.…

1Opinion of the Court

ERICK, J.'

This is an appeal from a judgment or decree in equity rendered in the district court of Salt Lake County. The *314record is of great length; tbe pleadings alone covering more than seventy pages of tbe printed abstract. While tbe assignments of error are very numerous, yet, because of tbe views that we entertain of tbe case, it will be unnecessary to refer to tbe assignments in detail. In order to assist the reader to arrive at a better understanding of tbe real basis of our conclusions, we deem it necessary to make a somewhat lengthy statement of tbe history of tbe transactions and of…

2Cases cited1 opinion

  1. Grand Central Mining Co. v. Mammoth Mining Co.Utah Supreme Court · 1909

3Cited by3 opinions

  1. Burtenshaw v. Bountiful Irr. Co.Utah Supreme Court · 1936
  2. Houston Real Estate Inv. Co. v. HechlerUtah Supreme Court · 1915
  3. Thompson v. Bown Live Stock Co.Utah Supreme Court · 1929

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