Johnson v. Koyle

Utah Supreme Court

Johnson v. Koyle

317 P.2d 596, 7 Utah 2d 27, 1957 Utah LEXIS 185

CourtUtah Supreme Court

DecidedNovember 2, 1957

DocketNo. 8657

StatusPublished

This text of 317 P.2d 596 (Johnson v. Koyle) 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

Johnson v. Koyle, 317 P.2d 596, 7 Utah 2d 27, 1957 Utah LEXIS 185 (Utah 1957).

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Opinion

McDONOUGH, Chief Justice.

This case was before this court on a former appeal Johnson v. Koyle, 5 Utah 2d 9, 295 P.2d 834 and a decision rendered whereby th.e case was remanded to the lower court for findings and conclusions not inconsistent with the opinion of this court.

Appellant Page, on this appeal from the judgment below, has filed a brief citing as error the trial court’s findings and conclusions -of law made pursuant to this court’s mandaté. In his brief he fails to point .out in the record, as required by Rule 75 (p), Utah Rules of Civil Procedure, where the evidence may be found to support 'his contentions. Consequently, we might [28]*28properly disregard the assignment which deals with the lack of support in the record for the trial court’s findings.²

We have, however, examined the record and conclude that the trial court followed the mandate of this court in its decree and in so doing committed no error.

The judgment is affirmed. Costs to respondent.

CROCKETT, WADE, WORTHEN and HENRIOD, JJ., concur.

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McDONOUGH, Chief Justice.

This case was before this court on a former appeal Johnson v. Koyle, 5 Utah 2d 9, 295 P.2d 834 and a decision rendered whereby th.e case was remanded to the lower court for findings and conclusions not inconsistent with the opinion of this court.

Appellant Page, on this appeal from the judgment below, has filed a brief citing as error the trial court’s findings and conclusions -of law made pursuant to this court’s mandaté. In his brief he fails to point .out in the record, as required by Rule 75 (p), Utah Rules of Civil Procedure, where the evidence may be found to support 'his contentions. Consequently, we might [28]*28properly disregard the assignment which deals with the lack of support in the record for the trial court’s findings.²

We have, however, examined the record and conclude that the trial court followed the mandate of this court in its decree and in so doing committed no error.

The judgment is affirmed. Costs to respondent.

CROCKETT, WADE, WORTHEN and HENRIOD, JJ., concur.

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Bluebook (online)

317 P.2d 596, 7 Utah 2d 27, 1957 Utah LEXIS 185, Counsel Stack Legal Research, https://law.counselstack.com/opinion/johnson-v-koyle-utah-1957.

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