Park v. Higbee
Utah Supreme Court
Appeal from an order of the district court of the first district vacating a judgment. The sections of the statute are as follows: “The order must direct the publication to be made in a newspaper to be designated, as most likely to give notice to the person to be served, and for such length .of time as maybe deemed reasonable, at least once a week; but publication against a defendant residing out of the Territory or absent therefrom, must not be less than one month.
Read the full summary
Appeal from an order of the district court of the first district vacating a judgment. The sections of the statute are as follows: “The order must direct the publication to be made in a newspaper to be designated, as most likely to give notice to the person to be served, and for such length .of time as maybe deemed reasonable, at least once a week; but publication against a defendant residing out of the Territory or absent therefrom, must not be less than one month. In • case of publication when the residence of a non-resident or absent defendant is known, the court or judge must direct a copy…
1Opinion of the CourtBlackburn, J.
This is a suit in partition under the statutes. The respondent is a non-resident. An order of sale of the property was made September 11, 1888, by default, and was sold for the sum of $3,500 to the plaintiff, Boyd Park, October 13, 1888. An order confirming the sale was made the same date. On November 9, 1889, a motion was made by respondent to set aside default and judgment, and all subsequent proceedings thereunder; she appearing specially for the purpose of the motion. On December 9, 1889, the court being fully advised in the premises, ordered that said motion be sustained, and that said…
2Cases cited6 opinions
- Galpin v. PageSupreme Court of the United States · 1874
- Bronson v. SchultenSupreme Court of the United States · 1882
- Settlemier v. SullivanSupreme Court of the United States · 1879
- Forbes v. HydeCalifornia Supreme Court · 1866
- McMinn v. WhelanCalifornia Supreme Court · 1865
1 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Parker v. ROSSUtah Supreme Court · 1950
- Mosby ex rel. Mosby v. GisbornUtah Supreme Court · 1898
- Elliott v. BastianUtah Supreme Court · 1895
- H. L. Griffin Co. v. HowellUtah Supreme Court · 1911
- Parker v. ROSSUtah Supreme Court · 1950