Farmers' Banking Co. v. Bullen

This is an application for a writ of mandate requiring the defendant, as judge of the city court of Logan City, to enter a judgment by default in an action by the plaintiff against one David Sparks, attempted to be commenced in said court by the service of a summons previous to the filing of a complaint. The judge of the city court refused to enter the judgment by default, on the grounds that the summons served was defective in form and contents.

Omitting the caption and title, the summons is as follows:

“The State of Utah to Said Defendants: You are hereby summoned to appear within ten (16)…