HOLTON v. HOLTON

No. 7791.

121 Utah 451 (1952)

243 P.2d 438

HOLTON v. HOLTON.

Supreme Court of Utah.

Decided April 21, 1952.


Attorney(s) appearing for the Case

D. Ray Owen, Jr., Lyle McLean Ward, and Charles L. Ovard, all of Salt Lake City, for appellant.

Ned Warnock, George A. Critchlow, and A.W. Watson, all of Salt Lake City, for respondent.


PER CURIAM.

In this case the respondent has moved to dismiss the appeal because the appellant failed to serve upon respondent a designation of record within the time and as required by Rule 75(a) U.R.C.P., although the designation of record was filed with the district court.

Rule 73(a) makes this failure to serve a designation of record on the respondent non-jurisdictional, but also gives this court the right and...

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