Cooper v. Foresters Underwriters, Inc.

Utah Supreme Court

Cooper v. Foresters Underwriters, Inc.

257 P.2d 540, 123 Utah 215, 1953 Utah LEXIS 168

CourtUtah Supreme Court

DecidedJune 1, 1953

DocketNo. 7941

StatusPublished

Cited by2 cases

This text of 257 P.2d 540 (Cooper v. Foresters Underwriters, Inc.) is published on Counsel Stack Legal Research, covering Utah Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Cooper v. Foresters Underwriters, Inc., 257 P.2d 540, 123 Utah 215, 1953 Utah LEXIS 168 (Utah 1953).

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Opinion

HENRIOD, Justice.

Appeal from a judgment for plaintiff in an action for payments under an accident policy. The record in this case is extremely brief, and the facts presented therein so fragmentary and incomplete as to make it impossible for this court to render a decision without looking dehors the record, — a process we cannot indulge. The record factually is builded on a colloquy between court and counsel [216]*216during which reference was made to a purported stipulation, unsigned, presented to the City Court, but which, however, is not a part of the record before us. We cannot consider facts stated in the briefs which may be true but absent in the official record. This case is remanded, therefore, with instructions to vacate the judgment, entertain further proceedings consonant with the pleadings, the burden of proof of the respective parties and this opinion, including the taking of evidence, if necessary.

No costs awarded on appeal.

WOLFE, C. J., and McDONOUGH, CROCKETT and WADE, J.J., concur.

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HENRIOD, Justice.

Appeal from a judgment for plaintiff in an action for payments under an accident policy. The record in this case is extremely brief, and the facts presented therein so fragmentary and incomplete as to make it impossible for this court to render a decision without looking dehors the record, — a process we cannot indulge. The record factually is builded on a colloquy between court and counsel [216]*216during which reference was made to a purported stipulation, unsigned, presented to the City Court, but which, however, is not a part of the record before us. We cannot consider facts stated in the briefs which may be true but absent in the official record. This case is remanded, therefore, with instructions to vacate the judgment, entertain further proceedings consonant with the pleadings, the burden of proof of the respective parties and this opinion, including the taking of evidence, if necessary.

No costs awarded on appeal.

WOLFE, C. J., and McDONOUGH, CROCKETT and WADE, J.J., concur.

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257 P.2d 540, 123 Utah 215, 1953 Utah LEXIS 168, Counsel Stack Legal Research, https://law.counselstack.com/opinion/cooper-v-foresters-underwriters-inc-utah-1953.

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