Watson v. Mayberry
Utah Supreme Court
Appeal from the Third district court, Salt Lake county. Hon. M. L. Ritchie, Judge. Action by Harriet Ann Watson and David Kay against Andrew P. Mayberry, Judgment for plaintiffs. Defendant appeals. An order overruling a motion for a new trial is not appealable.
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Appeal from the Third district court, Salt Lake county. Hon. M. L. Ritchie, Judge. Action by Harriet Ann Watson and David Kay against Andrew P. Mayberry, Judgment for plaintiffs. Defendant appeals. An order overruling a motion for a new trial is not appealable. North Point Irrigation Co. v. Canal Co., 14 Utah 155; Eastman v. Gurrey, 14 Utah 169; Yoimg v. Shellenherger, 41 N. B. 519; Holdsworth v. State, 18 N. B. Rep. 430; Kearney v. Snodgrass, 7 Pac. 309; Boberts v. State, 3 Tex. App. 47; Ziter y. 'Jones, 48 Md. 116; Sams v. Hoover, 33 S. Car. 401; State v. Davenport, 38 S. 0. 349; Mayor y.…
1DissentMixer, J.
I cannot concur in the opinion of the Chief Justice with reference to the time in which an appeal should be taken from a judgment. Section *2783635, Comp. Laws Utah 1888, provides that “an appeal may be taken to the supreme court from the district court: (1) From a final judgment in an action or special proceeding commenced in the court in which the same is rendered, within one year after the entry of judgment. But an exception to the decision or verdict on the ground that it is not supported by the evidence, cannot be reviewed on an appeal from the judgment, unless the appeal is taken within…
2Cases cited14 opinions
- Ayres v. ArmstrongIndiana Supreme Court · 1895
- White v. PeaseUtah Supreme Court · 1897
- Fatjo v. SwaseyCalifornia Supreme Court · 1896
- Forni v. YoellCalifornia Supreme Court · 1893
- Mogk v. PetersonCalifornia Supreme Court · 1888
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