Martin v. Nelson

HENRIOD, Chief Justice:

Appeal from a judgment entered on a complaint based on accrued amounts allegedly due in a divorce action. Reversed with costs to defendant.

Mr. N, a California resident, was served with process by a California peace officer, who, under oath in a return of service of summons, wittingly or unwittingly falsified the facts by stating therein that he endorsed the date and place of address, together with signing his name on the Summons, as is required by Rule 4(j), Utah Rules of Civil Procedure. The paper involved shows, without controversy, that such statement was untrue.

Servi…