Opinion
No. 9883.
May 14, 1963.
Appeal from the City Court.
Homer Holmgren, City Atty., Salt Lake City, Leon A. Halgren, Asst. City Atty., Salt Lake City, for plaintiff.
Grant Macfarlane, Jr., Salt Lake City, for defendants.
Salt Lake City petitions this Court for a writ of prohibition enjoining the Third Judicial District Court from entertaining an appeal from a conviction in the City Court in the case of Salt Lake City v. Leo N. Mosher.
The question presented is whether the District Court was without jurisdiction because the defendant, although filing his notice of appeal within the prescribed 30-day period, did not file the undertaking until after that period had expired.
77-57-38 and 39, U.C.A. 1953.
In denying the City's petition, we do so solely upon the ground that it presents no case of manifest necessity which would warrant this Court to entertain this extraordinary writ.
Van Cott v. Turner, 88 Utah 535, 56 P.2d 16.
Petition denied. No costs awarded.