8 Utah 5 | Utah | 1892
The record shows that the plaintiff obtained a judgment against the Jarvis-Conklin Mortgage Trust Company in a commissioner’s court for $190 and costs. An execution was issued upon the judgment, which was returned unsatisfied, and the officer further returned that no property of said company could be found in his county. Upon proceedings supplemental to execution before the commissioner the commissioner found that the defendant herein, Samuel M. Jarvis, as president of the defendant company in that action, had in his hands, or under his control, ample funds with which to pay said judgment, and that he refused to make such payment. March 5, 1891, the court ordered and adjudged that the said Jarvis forthwith pay the judgment and costs, and, in the event of his neglect or refusal so to do, that he be committed to the jail of Weber county for contempt of court. March 6, 1891, the defendant herein, Jarvis, filed a notice of appeal, and an undertaking on appeal. March 7th the plaintiff served a notice on the defendant, Jarvis, excepting to the sufficiency of the undertaking on appeal, for the reason that the sureties in the undertaking had not justified as required by law. March 10, 1891, three days after this notice was given, the sureties appeared before the commissioner, and were sworn and examined touching their qualifications as, such, and were found to be sufficient, and the undertaking was approved. The district court dismissed the appeal, because the sureties failed to justify before the commissioner within two days from the