McMillan v. Forsythe
Utah Supreme Court
Appeal from District Court, Third District; Hon. Geo. G. Armstrong, Judge. Action by Neal McMillan against William R. Forsythe and others. Judgment for plaintiff. Defendant appeals.
1DissentStbatjp, C. J.
On the 9th of February, 1907, Forsythe, in the justice’s court, commenced an action for services rendered, against McMillan by the filing of an unverified complaint. Summons showing personal service on McMillan on the 25th of Febru*588ary was returned, and was filed by tbe justice on the 9th of March. All these were properly entered in the justice’s docket and are shown by the files. The justice’s record and docket show no appearance by McMillan, but show that at the expiration of his time to appear and plead, entries on the 11th of March were made of his default and judgment against him in…
2Cases cited7 opinions
- Ross v. . WoodNew York Court of Appeals · 1877
- Martin v. PiferIndiana Supreme Court · 1884
- Burke v. WheatSupreme Court of Kansas · 1879
- McMillan v. DurandUtah Supreme Court · 1910
- Powell v. StewartSupreme Court of Alabama · 1850
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