| Show RULES Adopted by the Supreme Court of Utah Territory on the 23rd July 1881 No 29Any defendant in a suit for divorce commenced in the probate pro-bate court desiring to remove such to the district court after appearance appear-ance may accomplish such removal by serving notice on the clerk of the probate court and the plaintiff or his or her attorney expressing an election for such removal whereupon where-upon it shall be the duty of the clerk ef the probate court to certify the proceedings in the suit to the district court of the district embracing embrac-ing the county in which such suit was commenced Substituted for Rule 23 No 23Any party entitled by reason of a personal interest to ask for or to oppose any order judgment or decree the probate court may appeal from the order judgment or decree made by the court adverse to him or his interest in-terest to the district court of a judicial district embracing the county where such probate court is held in all cases involving the probating pro-bating or revoking the probate of a will the administration of a decedent dece-dent estate and in all cases of guardianship guar-dianship All appeals from provisional pro-visional or interlocutory orders shall be taken within thirty days from the entry of the same and all appeals from the final decree or judgment declaring the validity or invalidity of a will or the final order or-der on the administration of an estate by an executor administrator or guardian shall be taken within one year after the entry thereof and on appeal from such final order the appellated court shall have jurisdiction to review the entire proceedings from the beginning and to affirm modify or reverse any and all orders or decrees therein which shall affect the substantial sub-stantial rights of the parties and shall thereupon make such order or decree as to the court shall seem just and may remand the case to the probate court in case of reversal or modification of its orders or decrees de-crees or retain and exercise jurisdiction juris-diction to complete the proceeding DISTRICT COURT RULES 1 The party applying for an injunction in-junction under section 114 or 116 of the Practice Act and obtaining an order to show cause shall at the hearing be heard as making his motion mo-tion in the first instance for such injunction in-junction and the granting of an order ex parte to show cause shall not be deemed an order that the party applying has made a prima facie case so as to entitle or require the respondents to begin or to open and closeCZim = CilIJ r rra 2 Whenever an injunction has been obtained which restrains apart a-part in possession of mining property pro-perty from working the same or interfering therewith and he in obedience to the writ suspends work it shall not be necessary for him to remain upon the property to preserve and continue such possession posses-sion and if the party obtaining such suit shall while such writ operates without the consent of the enjoined party go into possession of the property in question so vacated he i shall be summarily compelled by I the court to vacate the premises on I application of the enjoined party and the injunction snail be dismissed dis-missed A true copy E T SPRAGUE Clerk |
