Legal Opinion

Felt v. Cook

Utah Supreme Court

Decided December 8, 1906No. 1775PublishedCited by 20 opinions

Appeal from District Court, Third District; C. W. Morse, J udge. Action by George F. Felt, doing business as tbe George F. Felt Lumber Co., against Alzora Cook and others. From a judgment in favor of .defendants, plaintiff appeals.

1Opinion of the CourtStraup, J.

A motion is made to dismiss the appeal on the ground that it was not taken in time. Section 3301, Revised Statutes 1898, provides that an appeal may be taken within six months from the entry of judgment or order appealed from. The findings and decree were filed and entered July 11, 1905, and, on the day following, a notice of such filing and entry, was served. A motion for a new trial, on the ground of newly discovered evidence, was served and filed February 28, 1906, seven and one-half months after service of notice of entry of judgment. On March 10, 1906, the motion for a new trial was…

2Cases cited2 opinions

  1. Shreve v. Copper Bell Mining Co.Montana Supreme Court · 1891
  2. Clark v. PerrySupreme Court of Colorado · 1891

3Cited by20 opinions

  1. Bowman v. Ogden CityUtah Supreme Court · 1908
  2. Luke v. ColemanUtah Supreme Court · 1911
  3. Coray v. Southern Pac. Co.Utah Supreme Court · 1947
  4. Lund v. Third Judicial Dist. Court in & for Salt Lake CountyUtah Supreme Court · 1936
  5. Lapoint v. SageSupreme Court of Vermont · 1916

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