BILLINGS v. BROWN

No. 17348.

639 P.2d 189 (1981)

Eldon P. BILLINGS, Plaintiff and Appellant, v. Weldon H. BROWN and Gerda H. Brown, Defendants and Respondents.

Supreme Court of Utah.

December 23, 1981.


Attorney(s) appearing for the Case

Daniel A. Stanton, Stephen L. Johnston, Salt Lake City, for plaintiff and appellant.

Dennis L. Draney, Roosevelt, for defendants and respondents.


HOWE, Justice:

Plaintiff appeals from an order quashing his execution upon a judgment on the ground that the execution had not been issued within eight years after he had obtained the judgment.

Plaintiff recovered a judgment against the defendants in the district court of Uintah County on December 9, 1970. As authorized by statute, the judgment was thereafter docketed in Duchesne County. Plaintiff's counsel allegedly mailed a form designated "Execution" to...

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