Utah Supreme Court June 15, 1891 (East v. Mooney)

BlackbüRN, J.:

The appeal in this case is from the order overruling motion for a new trial, and the error assigned is that it was heard out of time. The first contention is. .that no motion for a new trial had been made, only a notice of intention had been given and filed, and hence such motion could not be heard. This court decided at this term in the case of Needham v.