Overland Gold Mining Co. v. McMaster
Utah Supreme Court
Appeal from the Third District Court, Salt Lake County, Hon. A. N. Cherry, Judge. Appeal from a final judgment of the District Court refusing to grant a writ of prohibition and dismissing plaintiffs’ petition therefor. Did the justice of the peace acquire jurisdiction of the defendant by the service of summons in Tooele County ? Summons can be served only in the county.
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Appeal from the Third District Court, Salt Lake County, Hon. A. N. Cherry, Judge. Appeal from a final judgment of the District Court refusing to grant a writ of prohibition and dismissing plaintiffs’ petition therefor. Did the justice of the peace acquire jurisdiction of the defendant by the service of summons in Tooele County ? Summons can be served only in the county. E. S. 1898, Sec. 3682. We think that this section is so clear and positive that no mistake can be made in the meaning. If the justice did not get jurisdiction of the person of Asher Biddlecome his judgment was void and the…
1Opinion of the Court 1
After stating the facts,
2Opinion of the Court · MinerMiner, J.
1. The question for determination herein is, Did the justice of the peace acquire jurisdiction of the appellants and the subject matter by service of the summons in Tooele County?
Sec. 1563, R. S. 1898, provides that “a negotiable instrument which does not specify a place of payment is payable at the residence or place of business of the maker, or wherever he may be found.”
The note in question mentioned no place of payment. *184It was therefore payable at the residence or place of business of the maker in Salt Lake City, where Biddle-come resided at the time the note became…
3Cases cited14 opinions
- Ogden City v. CrossmanUtah Supreme Court · 1898
- Deseret Irrigation Co. v. McIntyreUtah Supreme Court · 1898
- Konold v. Rio Grande Western Ry. Co.Utah Supreme Court · 1897
- Culbertson v. HillSupreme Court of Missouri · 1885
- Bellevue Water Co. v. StockslagerIdaho Supreme Court · 1895
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4Cited by9 opinions
- Atwood v. Cox, District JudgeUtah Supreme Court · 1936
- Campbell v. DurandUtah Supreme Court · 1911
- Sanipoli v. Pleasant Valley Coal Co.Utah Supreme Court · 1906
- State v. SheldonUtah Supreme Court · 1976
- Hecla Gold Mining Co. v. GisbornUtah Supreme Court · 1900
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