Burlock v. Shupe
Utah Supreme Court
Appeal from an order of the district court of the first district granting a new trial. Tlie opinion states the facts. Defendant’s written request for a stay of proceedings was a waiver of any possible necessity that plaintiff mightbe under of giving notice of the decision of the court: Cottle v. Leitch, 43 Cal., 322; Thorn v. Finn, 10 Pac. Bep., 414; Allenspaeh v. Wagner, 10 Pac.
Read the full summary
Appeal from an order of the district court of the first district granting a new trial. Tlie opinion states the facts. Defendant’s written request for a stay of proceedings was a waiver of any possible necessity that plaintiff mightbe under of giving notice of the decision of the court: Cottle v. Leitch, 43 Cal., 322; Thorn v. Finn, 10 Pac. Bep., 414; Allenspaeh v. Wagner, 10 Pac. Bep., 805. It was also a written acknowledgment of notice, as the request was in writing and showed by its language that defendants’ attorney was fully cognizant of the decision of the court beyond all doubt: Mullaly…
1Opinion of the Court
Boreman, J.:
The plaintiffs (appellants) brought their action against the defendants for the possession of certain real estate, claiming ownership. The defendants filed their answer, cross-complaint, and amended cross-complaint, claiming to hold the property as the sole heirs of Brigham Shupe, deceased. Upon the case being heard, judgment was rendered for the plaintiffs. Thereafter the defendants made their motion for a new trial, which motion the plaintiffs moved the court to dismiss. The motion to dismiss was overruled, and the motion for a new trial was granted, and thereupon the plaintiffs…
2Cases cited6 opinions
- Emeric v. AlvaradoCalifornia Supreme Court · 1884
- Biagi v. HowesCalifornia Supreme Court · 1885
- Boggs v. ClarkCalifornia Supreme Court · 1869
- Cottle v. LeitchCalifornia Supreme Court · 1872
- Thorne v. FinnCalifornia Supreme Court · 1886
1 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Jenkins v. StephensUtah Supreme Court · 1924
- McCord & Nave Mercantile Co. v. GlennUtah Supreme Court · 1889
- Wayland v. WoolleyUtah Supreme Court · 1923
- Barnard v. HardyUtah Supreme Court · 1930
- Jenkins v. StephensUtah Supreme Court · 1924