Mosby ex rel. Mosby v. Gisborn
Utah Supreme Court
Appeal from district court, Salt Lake county; Ogden Hiles, Judge• Suit by Daniel S. Mosby, by his guardian ad litem, S. W. Mosby, against Matthew T. Grisborn and others, to annul a decree. Plaintiff’s petition was dismissed, and he appeals.
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Appeal from district court, Salt Lake county; Ogden Hiles, Judge• Suit by Daniel S. Mosby, by his guardian ad litem, S. W. Mosby, against Matthew T. Grisborn and others, to annul a decree. Plaintiff’s petition was dismissed, and he appeals. A bill filed to annul and set aside a judgment or decree on the ground that the court rendering such judgment or decree never acquired jurisdiction over the person of the defendant, and upon the ground also that the judgment or decree complained of was procured by fraud, practiced upon the court and the opposing party, presents a case of direct attack upon…
1Opinion of the CourtZane, C. J.
(after stating the facts):
Counsel for defendants insist that the district court sitting in Salt Lake county did not have jurisdiction to try the cause of action set up in the complaint, for the reason that the vacation of the decree and the cancellation of the deed described would affect defendants’ title to the Geyser mining claim, situated in Tooele county; and for the further reason that the complaint also asks that the plaintiff may be declared the owner of, and entitled to the possession of, the one-half interest in that claim, and that the defendant company may be required to convey the…
2Cases cited11 opinions
- United States v. ThrockmortonSupreme Court of the United States · 1878
- Galpin v. PageSupreme Court of the United States · 1874
- Massie v. WattsSupreme Court of the United States · 1810
- Morrill v. MorrillOregon Supreme Court · 1890
- Chase v. HathawayMassachusetts Supreme Judicial Court · 1817
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3Cited by17 opinions
- Grinbaum v. Superior CourtCalifornia Supreme Court · 1923
- Bell v. BellArizona Supreme Court · 1934
- Erwin v. PeregoCourt of Appeals for the Eighth Circuit · 1899
- Intermill v. NashUtah Supreme Court · 1938
- Sanipoli v. Pleasant Valley Coal Co.Utah Supreme Court · 1906
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