Ducheneau v. Hiram House
Utah Supreme Court
Appeal from a judgment of the district court of the first district. Sections 718 and 723 of the laws of Utah of 1884 are as follows: “Sec. 718. The time specified in the summons for the appearance of the defendant must be as follows: “1. If an order of arrest is endorsed upon the summons, forthwith.
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Appeal from a judgment of the district court of the first district. Sections 718 and 723 of the laws of Utah of 1884 are as follows: “Sec. 718. The time specified in the summons for the appearance of the defendant must be as follows: “1. If an order of arrest is endorsed upon the summons, forthwith. “2. In all other cases, the summons must contain a direction that the defendant must appear and answer the complaint within five days, if the summons is served in the city or precinct in which the action is brought; within ten days, if served out of the precinct or city, but in the county in which…
1Opinion of the Court
Boreman, J.:
Tbe respondent applied to tbe district court for a writ of certiorari to compel tbe appellant, a justice of tbe peace, to certify to that court for review tbe case of Tar-pey and Phillips against said Charles Ducheneau, then in the justice’s court. Summons bad been served on Duch-eneau, tbe defendant in that action, on tbe thirtieth day of March, 1885, at nine p. m., in tbe precinct where tbe justice held court. Tbe answer of Ducheneau was not filed until tbe fourth day of April, 1885, although be bad sent it to tbe justice on tbe third day of April. Judgment was •rendered against…
2Cases cited2 opinions
- Misch v. MayhewCalifornia Supreme Court · 1876
- Golding v. JenningsUtah Supreme Court · 1874
3Cited by4 opinions
- Crittenden v. Town of BoonevilleMississippi Supreme Court · 1908
- Saunders v. Sioux City NurseryUtah Supreme Court · 1890
- State ex rel. Johnson v. CaseMontana Supreme Court · 1894
- Cereghino v. Third District Court of Utah TerritoryUtah Supreme Court · 1893