Blyth & Fargo Co. v. Swenson
Utah Supreme Court
Appeal from the Third district court, Salt Lake county. Ogden Hiles, Judge. Action by the Blyth & Fargo Company against E. A. Swenson, J. B. Swenson, and S. J. Stookey. From a judgment for plaintiff, and an order refusing to set aside the same, defendant Stookey appeals. No personal judgment could be rendered against the defendants not served.
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Appeal from the Third district court, Salt Lake county. Ogden Hiles, Judge. Action by the Blyth & Fargo Company against E. A. Swenson, J. B. Swenson, and S. J. Stookey. From a judgment for plaintiff, and an order refusing to set aside the same, defendant Stookey appeals. No personal judgment could be rendered against the defendants not served. If the court should attempt to assume jurisdiction over the joint obligor not served with process, and should render judgment against him, such' judgment, so far at least as the defendant not served is concerned, would be absolutely void. McDoll v.…
1DissentMiner, J.
From the facts as disclosed in this record, I have come to a different conclusion from that of the majority of the court. It appears that the plaintiff brought this action against the defendants to recover judgment upon two promissory notes set out in ■ the complaint, and alleged that the defendants were co-partners at the time the notes sued upon were made, and were doing business under the firm name and style of Swenson Bros. & Stookey, and as such firm made and delivered the notes upon which this action was brought. Summons was duly issued and served on defendants Swenson in January, 1896,…
2Cases cited32 opinions
- People v. GreeneCalifornia Supreme Court · 1887
- People ex rel. Schwartz v. TempleCalifornia Supreme Court · 1894
- People v. HarrisonCalifornia Supreme Court · 1890
- In re the Estate of WiardCalifornia Supreme Court · 1890
- Jacks v. BaldezCalifornia Supreme Court · 1892
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