176 P. 731 | Utah | 1918
Before proceeding to a consideration of the merits it is necessary to dispose of a motion to dismiss the appeal.
It appears that the hearing on defendant’s petition was had before the court in Utah County on June 25, 1918. At that
The motion to dismiss the appeal is based on the ground that no undertaking was filed within five days after giving the first notice of appeal. The right of an appellant to abandon his notice of appeal first given and to perfect his appeal by giving a second notice, if given within the
It is claimed by appellant that, as the decree failed to “specifically provide that it shall not become absolute until the expiration of six months from the date of its entry” as provided in the amending statute, chapter 49, Laws Utah 1913, pp. 76, 77, the court exceeded its authority,
Apparently tbe only fact attempted to be proven by tbe appellant at the hearing to establish a reason why the decree of divorce awarding custody of the minor child to plaintiff should be modified is that the plaintiff, doubtless mistaking her legal rights, contracted a new marriage before
The order appealed from is affirmed; defendant to pay costs.