¶1I concur in the order making the alternative writ permanent. I agree with the conclusion that under the statutes of this state a litigant has the right to institute a second action upon the same facts in case the former action has been determined otherwise than upon the merits. Such second action is' not subject to be delayed or defeated by any presumption that it is vexatious.
55 Utah 505
Peterson v. Evans
Decided February 28, 1920
Utah Supreme Court · decided 1920-02-28
<p>Mandamus by Bengt A. Peterson to compel P. G. Evans, as District Judge of Salt Lake County, to take steps to bring a certain cause to trial.</p>
Cited by 2 later decisions — most recently May 2013
2 state decisions
Good law ✅— No negative treatment on recordhow we know
ALTERNATIVE WRIT MADE PERMANENT · Decided 1920-02-28
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