Please E-mail suggested additions, comments and/or corrections to Kent@MoreLaw.Com.
Help support the publication of case reports on MoreLaw
Date: 09-20-2024
Case Style:
Jesse M. Smith v. The District Court of the Second Judicial District
Case Number: 1333
Judge: Noel S. Hyde
Court: Second Judicial District Court, Davis County, Utah
Plaintiff's Attorney:
Defendant's Attorney: Bennett, Howat, Sutherland & Van Cott
Description:
Farmington, Utah personal injury lawyer represented the Plaintiff.
The plaintiff in this proceeding brought an action against the railroad company in the justice court of Davis county, wherein judgment was rendered in his favor. The defendant then appealed to the district court, and thereafter, said plaintiff not being prepared to proceed with the trial, the case was dismissed for want of prosecution. Thereupon a writ of certiorari was issued from this court upon the application of said plaintiff, who claimed that said district court had exceeded its jurisdiction in dismissing said case. To the petition the defendant filed its demurrer, and a motion to quash the writ on the grounds that upon the face of the petition the district court had regularly [66 P. 1066] performed its authority, that this court had no jurisdiction in the matter, and that the petition does not state facts sufficient to justify the issuing of the writ. The defendants now claim that under section 9, article 8, of the Constitution of this State, the action of the district court was final, and not subject to review in any form whatever by the Supreme Court; that in cases commenced in a justice court the right of appeal exists to the district court, but that from the decision of that court no appeal lies to this court to review such determination. The article referred to reads as follows: "Appeals shall also lie from the final judgment of justices of the peace in civil and criminal cases to the district courts on both questions of law and fact, with such limitations and restrictions as shall be provided by law; and the decision of the district courts on such appeals shall be final, e...
* * *
Outcome: The demurrer to the petition and motion to quash the writ are sustained, with costs. It is so ordered.
Smith v. District Court of Second Judicial District, 66 P. 1065, 24 Utah 164 (Utah 1901)
Plaintiff's Experts:
Defendant's Experts:
Comments: