Bellion v. Durand – Case Brief Summary (Utah)

In Bellion v. Durand, 39 Utah 532, 117 P. 798 (Utah 1911), the court addressed whether a motion for a new trial, filed after verdict but before judgment, was timely under a civil statute, Compiled Laws 1907, section 3742. 117 P. at 798.

In Bellion, the court noted that the motion was based on a charge of insufficiency of evidence to justify the verdict. 117 P. at 799.

The court reasoned that "insufficiency of the evidence assails the verdict . . . not the judgment" and that thus it is timely to file a notice of appeal after verdict but before judgment. Id.