Hansen v. Anderson
Utah Supreme Court
Original application in this court for a writ of certio-rari to review tbe action of tbe district court in and for Weber County, in refusing to dismiss an appeal from justice’s court, upon tbe ground tbat no appeal bond bad been filed as provided by Section 3747, R. S. 1898. STATEMENT OF FACTS. This is an application for a writ of certiorari.
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Original application in this court for a writ of certio-rari to review tbe action of tbe district court in and for Weber County, in refusing to dismiss an appeal from justice’s court, upon tbe ground tbat no appeal bond bad been filed as provided by Section 3747, R. S. 1898. STATEMENT OF FACTS. This is an application for a writ of certiorari. It appears from tbe petition and affidavit' of tbe applicant tbat Anderson, one of tbe defendants, brought an action against tbe plaintiffs in a justice of tbe peace court of Weber County, and subsequently appealed tbe case to tbe district court for said…
1Opinion of the Court
Mg Oarty, Dist. Judge,
after stating the facts, delivered the opinion of the court.
There are two questions presented by the pleadings in this case. 1st. Has this court jurisdiction to review by writ of certiorari the decision of the district courts rendered in cases appealed from justices of the peace, when the district courts have exceeded their jurisdiction in such cases ? 2d. Did the district court in the case at bar exceed its jurisdiction by overruling the motion to dismiss the appeal, and in proceeding to try the case ?
Sec. 4, Art. 8, Const. Utah, provides that the supreme court shall…
2Cases cited4 opinions
- Elliott v. Lessee of PeirsolSupreme Court of the United States · 1828
- Lawton v. Commissioners of Highways ex rel. Town of CambridgeNew York Supreme Court · 1804
- Crooks v. Fourth Judicial District Court of UtahUtah Supreme Court · 1899
- State ex rel. Hamilton v. Superior CourtWashington Supreme Court · 1894
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- Smith v. District Court of the Second Judicial DistrictUtah Supreme Court · 1901
- Hume v. Small Claims Court of Murray CityUtah Supreme Court · 1979
- Hume v. Small Claims Court of Murray CityUtah Supreme Court · 1979
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