State ex rel. Lorntzen v. Hansen

Utah Supreme Court

State ex rel. Lorntzen v. Hansen

171 P. 515, 51 Utah 514, 1918 Utah LEXIS 119

CourtUtah Supreme Court

DecidedMarch 1, 1918

DocketNo. 3184

StatusPublished

Cited by1 cases

This text of 171 P. 515 (State ex rel. Lorntzen v. Hansen) 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.

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State ex rel. Lorntzen v. Hansen, 171 P. 515, 51 Utah 514, 1918 Utah LEXIS 119 (Utah 1918).

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Opinion

GIDEON, J.

The relator, plaintiff below, was awarded judgment. Defendants appeal to this court. A motion to dismiss challenges the jurisdiction of this court on the ground that the appeal was not taken within six months from the date of the entry of judgment.

It appears from the record that judgment was entered May 28, 1917. No motion for a new trial was made. The notice of appeal was filed and served December 8, 1917. Comp. Laws 1907, section 3301, is as follows: “An appeal may be taken within six months from the entry of the judgment or order appealed from.” It will thus be seen that the appeal was not taken for at least eleven days after the six months had expired. Under the former rulings of this court construing that section we are without jurisdiction to consider the appeal. Jones v. Evans, 39 Utah, 291, 116 Pac. 333; Lindley v. Bradshaw, 45 Utah, 83, 141 Pac. 300; Fuller v. Ferrin, 51 Utah, —, 168 Pac. 1179.

The motion to dismiss is therefore granted, and the appeal is dismissed; respondent to recover costs.

FRICK, C. J., and McCARTT, CORFMAN, and THURMAN, JJ., concur.

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GIDEON, J.

The relator, plaintiff below, was awarded judgment. Defendants appeal to this court. A motion to dismiss challenges the jurisdiction of this court on the ground that the appeal was not taken within six months from the date of the entry of judgment.

It appears from the record that judgment was entered May 28, 1917. No motion for a new trial was made. The notice of appeal was filed and served December 8, 1917. Comp. Laws 1907, section 3301, is as follows: “An appeal may be taken within six months from the entry of the judgment or order appealed from.” It will thus be seen that the appeal was not taken for at least eleven days after the six months had expired. Under the former rulings of this court construing that section we are without jurisdiction to consider the appeal. Jones v. Evans, 39 Utah, 291, 116 Pac. 333; Lindley v. Bradshaw, 45 Utah, 83, 141 Pac. 300; Fuller v. Ferrin, 51 Utah, —, 168 Pac. 1179.

The motion to dismiss is therefore granted, and the appeal is dismissed; respondent to recover costs.

FRICK, C. J., and McCARTT, CORFMAN, and THURMAN, JJ., concur.

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171 P. 515, 51 Utah 514, 1918 Utah LEXIS 119, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-ex-rel-lorntzen-v-hansen-utah-1918.

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