Graham v. Sawaya

OAKS, Justice:

This is an original action for an extraordinary writ to compel a district court to enter a default judgment. The issue is whether a court can enter a valid default judgment in an action in personam where the only service of process or notice of the action was by publication and by mailing to the last known address of a defendant whose present address is unknown and who has not been found after diligent inquiry within the state. We hold in the negative. Statutory citations are to Utah Code Annotated, 1953.

In the district court, the plaintiffs alleged two causes of action against…