Myers v. East Bench Irr. Co.
Utah Supreme Court
Appeal from District Court, Garfield County; Joshua B. Greenwood, Judge. Action by John E. Myers against the East Bench Irrigation Company. From a judgment for plaintiff, defendant appeals. appellant's points. When a time is fixed by law for holding a term of court, it is essential to the validity of its proceedings that jurisdiction be exercised at such times. If business is transacted at a different time, such acts are null and void.
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Appeal from District Court, Garfield County; Joshua B. Greenwood, Judge. Action by John E. Myers against the East Bench Irrigation Company. From a judgment for plaintiff, defendant appeals. appellant's points. When a time is fixed by law for holding a term of court, it is essential to the validity of its proceedings that jurisdiction be exercised at such times. If business is transacted at a different time, such acts are null and void. (Irwin v. Irwin, 37 Pac. 548; In Be Terrill, 34 Pac. 457; In Re McCloskey, 34 Pac. 459; People v. Monighan, I Parker Cr. B. 570 ; Garlick v. Dunn, 42 Ala. 404;…
1Opinion of the CourtStraup, J.
This action was commenced and tried in Garfield county, in the Sixth judicial district, and was brought to restrain the defendant from amending its articles and increasing its capital stock. Judgment was for plaintiff, and the defendant appeals.
Numerous errors are assigned; among them, that the court was not lawfully in session when the case was tried, and that the judgment is therefore void. This assignment must be sustained.
Section 672, Revised Statutes 1898, provides: “There shall be held at the county seat of each county at least three terms of the district court in each year.”
Section…
2Cases cited9 opinions
- Cain v. GodaIndiana Supreme Court · 1882
- In re TerrillSupreme Court of Kansas · 1893
- Brumley v. StateSupreme Court of Arkansas · 1859
- Irwin v. IrwinSupreme Court of Oklahoma · 1894
- American Fire Insurance Co. of Philadelphia v. PappeSupreme Court of Oklahoma · 1896
4 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Matter of Reynolds v. CropseyNew York Court of Appeals · 1925
- Phoenix Indemnity Insurance Co. v. SmithUtah Supreme Court · 2002
- Coalter v. Salt Lake CityUtah Supreme Court · 1912