Bear River Valley Orchard Co. v. Hanley
Utah Supreme Court
Appeal from tlie Second district court, Weber county. John A. Street, Judge. Action by the Bear River Valley Orchard Company against Peter M. Hanley and others. From a judgment for plaintiff defendants appeal.
Read the full summary
Appeal from tlie Second district court, Weber county. John A. Street, Judge. Action by the Bear River Valley Orchard Company against Peter M. Hanley and others. From a judgment for plaintiff defendants appeal. While we recognize the fact that in the case of Watson v. Maybery, 15 Utah 265, this court, by a divided court, and in the absence of one of the justices, held that the sixty day period began to run after the ruling on the motion for a new trial, yet we are not content to accept the majority opinion as the law, in view of the uniform line of decisions to the contrary. Indeed, our own…
1Opinion of the Court
Zaxe, C. J.:
On the 21st day of November, 1896, a decree was rendered against the defendants, and a motion for a new trial, duly served and entered, was overruled by the court-on the 29th day of the followúng March. From the judgment and order overruling the motion, the defendants appealed, on the 19th day of the following April. The *508plaintiff moves the court to dismiss the appeal from the order. This court has repeatedly held that orders grant- . ing or denying motions for new trials are not final judgments, within section 9 of article 8 of our constitution. The motion to dismiss the appeal…
2Cases cited8 opinions
- Railway Co. v. McCarthySupreme Court of the United States · 1878
- Whitney Arms Co. v. . BarlowNew York Court of Appeals · 1875
- McGourkey v. Toledo & Ohio Central Railway Co.Supreme Court of the United States · 1892
- Wardell v. Railroad Co.Supreme Court of the United States · 1881
- Chester Glass Co. v. DeweyMassachusetts Supreme Judicial Court · 1819
3 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- City of Grantsville v. Redevelopment Agency of Tooele CityUtah Supreme Court · 2010
- Bentley v. Zelma Oil Co.Supreme Court of Oklahoma · 1919
- Burke Land & Livestock Co. v. Wells, Fargo & Co.Idaho Supreme Court · 1900
- Price v. Western Loan & Savings Co.Utah Supreme Court · 1909
- Kline v. MurrayMontana Supreme Court · 1927
6 more not listed; retrieve them via the Exa API.