Keyser v. Pollock
Utah Supreme Court
Appeal from the Third District Court, Salt Lake County, Hon. A. N. Cherry, Judge. Action on a promissory note. Judgment was rendered for plaintiff on the pleadings. From this judgment defendant appealed, alleging error in the refusal of the trial court to allow him to withdraw his demurrer and general appearance in the case for the purpose of objecting to the regularity of the summons.
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Appeal from the Third District Court, Salt Lake County, Hon. A. N. Cherry, Judge. Action on a promissory note. Judgment was rendered for plaintiff on the pleadings. From this judgment defendant appealed, alleging error in the refusal of the trial court to allow him to withdraw his demurrer and general appearance in the case for the purpose of objecting to the regularity of the summons. There is no special connection between payment of the clerk’s fees and the filing of the complaint or issuance of the summons. The clerk had the power to and did file the complaint without receiving his fee.…
1Opinion of the CourtBaskin, J.
This is an action by plaintiff, who is the respondent, on a promissory note which by its terms was payable on the 1st day of February, 1893. The complaint was filed in the court below on the 23d day of November, 1895. This endorsement was made on the back of said complaint by the clerk: “Don’t issue till fees paid. D. C. D.” Summons was not issued until December 8th, 1897. It was served on the defendant, Samuel J. Pollock, who is the appellant, December 20, 1897. On the 27th of December, 1897, defendant’s attorney filed a demurrer to the complaint, stating as the ground thereof, that, “The…
2Cases cited4 opinions
- Suydam v. PitcherCalifornia Supreme Court · 1854
- Needham v. Salt Lake CityUtah Supreme Court · 1891
- Houtz v. GisbornUtah Supreme Court · 1874
- Jones v. StevensSupreme Court of Colorado · 1867
3Cited by2 opinions
- Askwith v. EllisUtah Supreme Court · 1934
- Hammer v. DowningOregon Supreme Court · 1901