West v. State (Fla.), 39 South. 412.. Western U. Tel. Co. v. Wright, 158 Fed. 1004.. 480 70 234 589 Wheelock v. Home L. I. Co. (Minn.), 131 N. W. 1081. 453 585 White v. New Bedford etc. Corp. (Mass.), 59 N. E. 642. 164 501 Whitney v. Thatcher, 117 Mass. 523. 591 Willamette etc. Co. v. Union L. etc. Co. (Cal.), 29 Pac. 773. 221 Williams v. Life Ins. Co. (Ga.), 68 S. E. 1082. 344 Winchester & P. Mfg. Co. v. Creary, 116 U. S. 161. 510 Winnigoff v. Wittig (Wis.), 24 N. W. 912.. 401 Worman v. Hagan (Md.), 27 Atl. 616.. 480 Wuller v. Chuse Gro. Co. (Ill.), 89 N. E. 796. 164 Wyandotte County Gas. Co. v. Spaeth (Kan.), 109 P. 785.. 64 Y Yee Gee v. San Francisco (D. C.), 235 Fed. 757.. 559 581 Ꮓ Zancanelli v. Central C. & C. Co. (Wyo.), 173 Pac. 981. 291 344 REPORTS OF CASES DETERMINED IN THE SUPREME COURT OF THE STATE OF UTAH (Continued from Volume 53) GREENWOOD v. BRAMEL, District Judge, et al. No. 3233. Decided July 31, 1918. Rehearing Denied August 22, 1918. (174 Pac., 637.) 1. 2. JUSTICES OF THE PEACE-APPEAL-NOTICE OF APPEAL. Under Comp. Laws 1907, sections 3331-3333, 3744, 3750, where notice of rendition of judgment in justice's court was deposited in the United States post office at Salt Lake City, addressed to the opposing party's counsel at Murray, on January 28th, the notice of appeal deposited in the post office at the last-named place, addressed to the first-named place, on February 28th, was served in time. (Page 4.) JUSTICES OF THE PEACE-APPEAL. Comp. Laws 1907, section 3750 is mandatory, and notice of appeal from justice's court must be filed, as well as served, within thirty days, or the appeal will be dismissed on notice. (Page 5.) Certiorari by John Greenwood against W. H. Bramel, as Judge of the District Court of Salt Lake County, and Annie Warenski, to review an order denying petitioner's motion to dismiss an appeal from justice's court. ORDER ANNULLED. C. E. Marks of Salt Lake City, for plaintiff. D. W. Moffat of Murray, for defendants. CORFMAN, J. Vol. 54-1 Greenwood v. Bramel et al., 54 Utah 1. 1 Plaintiff made an application for a writ of certiorari to issue out of this court, requiring the defendant W. H. Bramel, as judge of the district court of Salt Lake County, to certify to this court for review the files, record, and transcript of the proceedings in a civil action before that court, entitled "Annie Warenski v. John Greenwood." This court issued a writ, and the same was complied with. It appears from the record and files before us that the defendant Annie Warenski, on September 21, 1917, commenced an action in claim and delivery in the justice's court of Murray precinct, Salt Lake County, against John Greenwood, for the possession of a horse. Greenwood appeared and answered in said action, denying ownership or right of possession of said animal to be in Warenski, and by way of counterclaim alleged ownership and right of possession in himself. Upon application of Greenwood, plaintiff in this proceeding, the place of trial was changed from Murray precinct to Sandy precinct No. 7, Salt Lake County. On January 19, 1918, the case came on for trial before the justice of said precinct No. 7, whereupon the said Annie Warenski, by leave of court, dismissed her complaint in said action. Said justice then proceeded to take the testimony under the counterclaim, and after receiving and considering the same, rendered judgment in the usual form in favor of Greenwood and against Warenski for the delivery of the possession of said animal, or the value thereof in case delivery could not be had, and for damages and costs. On January 21, 1918, Greenwood, at Salt Lake City, caused a notice of judgment to be served upon the attorney for Warenski by mail, erroneously entitling the same in the justice's court of Murray precinct. Thereafter, on January 28, 1918, Greenwood caused a "corrected notice" of said judgment, properly entitling the same in the justice's court of said precinct No. 7, to be served in like manner by mail upon counsel for Warenski. Other proceedings were then had in said cause not necessary to enumerate, nor for this court to pass on. On February 28, 1918, Warenski caused a notice of appeal from said judgment of the justice's court to the said district court to be served by mail upon Greenwood, Order Denying Petitioner's Motion Annulled. which said notice was filed in the justice's court of said precinct No. 7 on March 1, 1918. Thereupon all the records, papers, and files were transmitted by said justice's court to said district court. On March 22, 1918, Greenwood served upon Warenski a notice of intention to move to dismiss said appeal, upon the ground that the same was not taken in time, and therefore the district court had no jurisdiction to proceed with the case and try it upon merits. On April 13, 1918, said application for dismissal came on for hearing and was denied by the district court, whereupon Greenwood brought the case to this court to be reviewed upon his application for a writ of certiorari. The sole question for this court to pass upon, therefore, is: Was the appeal from the justice's court to the district court. taken in time? So far as material here, Comp. Laws 1907, section 3750, with reference to appeal from a justice's court. to a district court provides: On notice, an appeal shall be dismissed for the following cause: That notice of appeal was not served and filed within thirty days after notice of rendition of judgment. (Italics ours.) Comp. Laws 1907, section 3744, provides: 'Any person dissatisfied with a judgment rendered in a justice's court, whether the same was rendered on default or after trial, may appeal therefrom to the district court of the county at any time within thirty days after the rendition of any final judgment. Notice of the entry of judgment must be given to the losing party by the successful party either personally or by publication, and the time of appeal shall date from the service of said notice. *** The appeal shall be taken by filing a notice thereof with the justice, or in the clerk's office of the district court to which said appeal is taken, and serving a copy on the adverse party. The notice shall show on its face the title of the court in which it is so filed." (Italics ours.) With regard to serving of notices by mail, as was done in this case, it is provided by Comp. Laws 1997, section 3332: "Service by mail may be made when the person making the |
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