Legal Opinion

Gee v. Smith

Utah Supreme Court

Decided November 22, 1918No. 3265PublishedCited by 5 opinions

Appeal from the District Court of Utah. County, Fourth District; Hon. A. B. Morgan, Judge. Action by. Elias A. Gee, as administrator of the estate of George Baum, deceased, against Thomas J. Smith and others, in which defendants set up a counterclaim. Prom that, part of the decree allowing the set-off, plaintiff appeals.

1Opinion of the Court

BRAMEL, District Judge.

An action on a note and mortgage. Defendants set np certain counterclaims which were allowed by the court below as a set-off against the mortgage debt, and a foreclosure was decreed as to the balance of the mortgage debt then remaining unpaid. Plaintiff appeals from that part of the decree allowing the set-off.

Respondents move to dismiss appellant’s appeal on the ground that the record on appeal, or "transcript,” as it is usually called, was not filed in the Supreme Court within 30 days after the appeal was perfected in the court below.

An appeal is perfected when notice…

2Cases cited3 opinions

  1. Butter v. LamsonUtah Supreme Court · 1905
  2. Lyon v. MaussUtah Supreme Court · 1906
  3. Howell v. ClarkUtah Supreme Court · 1898

3Cited by5 opinions

  1. Prowswood, Inc. v. Mountain Fuel Supply Co.Utah Supreme Court · 1984
  2. Jacobsen v. JeffriesUtah Supreme Court · 1935
  3. Oil Well Supply Co. v. WickwireDistrict Court, E.D. Illinois · 1943
  4. Utah Idaho Development Co. v. Jensen Et Ux.Utah Supreme Court · 1933
  5. Prowswood, Inc. v. Mountain Fuel Supply Co.Utah Supreme Court · 1984

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