A. Kuhn & Bro. v. Mount
Utah Supreme Court
Appeal from the district court of the Fourth judicial district, Territory of Utah, Hon. H. W. Smith, Judge. This was an action on a promissory note dated at Prat-ville, Utah, July 12, 1883, due 60 days after that date, payable at the banking house of Harkness & Co., Ogden, Utah.
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Appeal from the district court of the Fourth judicial district, Territory of Utah, Hon. H. W. Smith, Judge. This was an action on a promissory note dated at Prat-ville, Utah, July 12, 1883, due 60 days after that date, payable at the banking house of Harkness & Co., Ogden, Utah. The action was brought in a commissioner’s court at Ogden, Utah, on the 23d day of December, 1892, and summons served at Richfield, Sevier county, Utah, by delivering a copy of same to defendant’s wife at his place of residence, by the sheriff of Sevier county, on the 30th day of December, 1892. Defendant, by his…
1Opinion of the Court
Bartch, J.:
This action was commenced on December 16,1892, in a commissioner’s court in Ogden, to recover $299, the amount of a promissory note dated July 12,1883, and payable at the banking house of Harkness & Co., Ogden, Utah. Summons was issued and served on the defendant at Richfield, Sevier county, Utah. The answer denied the indebtedness, and alleged that the commissioner’s court had no jurisdiction of the person of the defendant or subject-matter of the action, and pleaded in bar the statute of limitations. The case was tried before the commissioner, and judgment entered in favor of the…
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