Houser v. Smith
Utah Supreme Court
Appeal from the Third District Court, Hon. Ogden Hiles, Judge. Action to quiet title and to recover possession of cer- ' tain real estate described in the complaint. From a judgment for defendants, plaintiff appeals. Morgan and Carlson were proper parties to the action for divorce where they are alleged to have conspired with the defendant to prevent the judgment for collection of alimony.
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Appeal from the Third District Court, Hon. Ogden Hiles, Judge. Action to quiet title and to recover possession of cer- ' tain real estate described in the complaint. From a judgment for defendants, plaintiff appeals. Morgan and Carlson were proper parties to the action for divorce where they are alleged to have conspired with the defendant to prevent the judgment for collection of alimony. Burchett v. Jíamill (OH.), 47 Pac., 1051; Damon v. Damon, 28 Wis., 510; Busenbark v. Busen-ba/rk, 33 Kan., 572 (7 Pac., 245); Gardenhire v. Gardenhire, 2 OM., 484 (37 Pac., 813); Questel v. Questel,…
1Opinion of the Court 1
After stating the facts,
2Opinion of the Court · MinerMiner, J.
It appears from this decree that in the case of Maggie Smith v. Charles Smith, no complaint was ever filed against Joseph E. Morgan or August W. Carlson, and no summons was ever served upon them in that action, nor did either of said parties ever appear, nor were they ordered to appear therein. Writs of injunction were served, forbidding them from transferring or disposing of the property. No default was ever entered against them or either of them, and there is no record in the decree that they were ever made parties, but it does appear that they testified as…
3Cases cited2 opinions
- Mosby ex rel. Mosby v. GisbornUtah Supreme Court · 1898
- Wilson v. SullivanUtah Supreme Court · 1898
4Cited by6 opinions
- Bonneville Tower Condominium Management Committee v. Thompson Michie Associates, Inc.Utah Supreme Court · 1986
- Battistone v. American Land & Development Co.Utah Supreme Court · 1980
- Osguthorpe v. ASC Utah, Inc.Utah Supreme Court · 2015
- Evered v. St. Croix Mines CorporationUtah Supreme Court · 1930
- Gerrish v. ChamberlainCalifornia Court of Appeal · 1905
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