Jacobsen v. Jeffries
| Decision Date | 09 August 1935 |
| Docket Number | 5666 |
| Citation | 47 P.2d 892,86 Utah 587 |
| Court | Utah Supreme Court |
| Parties | JACOBSEN v. JEFFRIES et al |
Appeal from District Court, Fourth District, Utah County.
Action by J. Elmer Jacobsen, administrator of the estate of Jane E Boshard, deceased, against Maud M. Jeffries and others. From order denying plaintiff's motion for new trial, plaintiff appeals.
APPEAL DISMISSED.
Brockbank & Pope, of Provo, and David J. Wilson, of Ogden, for appellant.
Geo. W Worthen, of Provo, for respondents.
The defendants have filed a motion to dismiss the appeal in the cause above entitled. The motion is based upon failure of plaintiff to file notice of appeal with the district court within six months from the entry of the judgment appealed from. The matter is submitted upon the motion, the certificate of the clerk of the district court of the Fourth judicial district, and certain affidavits. It is not necessary to advert to the affidavits. The certificate of the clerk shows that judgment in favor of the defendants and against the plaintiff was entered on the 20th day of June 1934. That on the 25th day of June, 1934, plaintiff filed a notice of intention to move for a new trial. That a hearing was had upon the motion for a new trial and on the 6th day of July, 1934, the motion for new trial was denied. That no notice of appeal had been filed with the clerk and no fee paid for filing any notice of appeal, and that no undertaking on appeal had been filed. The clerk's certificate containing substantially the above statements was dated the 10th day of January, 1935, and was filed in this court with a motion to dismiss the appeal on the 11th day of March, 1935.
Two additional certificates of the clerk containing some additional matters that occurred subsequent to the certificate above referred to have been filed. One of the certificates shows that a notice of appeal was filed in the office of the clerk of the district court on the 26th day of January, 1935, and an undertaking on appeal on the 28th day of January, 1935. The third certificate in addition to the above adds the information that the notice of appeal was in the office of the clerk when the newly elected clerk assumed control of the office on the 7th day of January, 1935, and was later filed after the fee had been received, presumably on January 26, 1935, as shown by one of the other certificates.
It is admitted that the notice of appeal was served upon defendants. It is further admitted that the fee was not paid at the time the notice of appeal was left at the clerk's office for filing. Counsel f...
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Dipoma v. McPhie
...P.2d 952, 955, 958 (Utah 1984); In re Estate of Ratliff, 19 Utah 2d 346, 431 P.2d 571, 573 (Utah 1967); Jacobsen v. Jeffries, 86 Utah 587, 47 P.2d 892, 893 (Utah 1935) (per curiam); Bunch v. Englehorn, 906 P.2d 918, 919 (Utah Ct.App.1995); Hausknect v. Industrial Comm'n, 882 P.2d 683, 685 (......
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...2d 36, 504 P.2d 1003 (1973); Anderson v. Anderson, 3 Utah 2d 277, 282 P.2d 845 (1955).5 19 Utah 2d 346, 431 P.2d 571 (1967).6 86 Utah 587, 47 P.2d 892, 893 (1935).7 Supra n. 5, 431 P.2d at 573.8 52 Utah 602, 176 P. 620 (1918).9 Supra n. 6, 47 P.2d at 893, quoting from Gee v. Smith, 52 Utah ......
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Oil Well Supply Co. v. Wickwire, 285-D.
...it was his duty to collect them as a condition precedent to filing. Pertinent are Hilts v. Hilts, 43 Or. 162, 72 P. 697; Jacobsen v. Jeffries, 86 Utah 587, 47 P.2d 892; Gee v. Smith, 52 Utah 602, 176 P. 620; and Boyd v. Burrel, 60 Cal. The reasoning of these authorities leads to the conclus......
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State v. Nelson
...officer and that advantage may be taken of the failure to file the transcript in time by motion to dismiss the appeal. In Jacobsen v. Jeffries, 86 Utah 587, 47 P.2d 892, was held that leaving a paper with a filing officer, a fee for the filing of which as in the case at bar, is by the statu......