Crosby v. Probate Court
Utah Supreme Court
Appeal from tbe third district court. Writ of certiorari to review a decree of divorce by the probate court of Salt Lake county, entered May 9, 1873. Quasbed on motion of Sarah K. Steplienson.
Read the full summary
Appeal from tbe third district court. Writ of certiorari to review a decree of divorce by the probate court of Salt Lake county, entered May 9, 1873. Quasbed on motion of Sarah K. Steplienson. On the hearing of the motion to quash, Sarah K. Stephensou filed and used affidavits of herself and others, upon tbe merits of ber original application for divorce, and among other things, showing that, relying upon tbe supposed legality of tbe divorce, sbe bad in 1878 contracted a second marriage; and stated other facts why the writ should be quashed. The other facts appear in tbe opinion. Tbe remedy…
1Opinion of the Court
EMERSON, J.:
On the third day of November, 1880, the appellant applied to the third district court for a writ of certiooxu-i to .the probate court for the county of Salt Lake, upon an affidavit, stating in substance that he was married to one Sarah Kay, in February, 1862; that on the sixth day of May, 1873, his wife, then Sarah Kay Crosby, petitioned the probate court of Salt Lake county for a decree of divorce from him; that on the ninth day of May, three days thereafter, the said probate court assumed to grant said divorce; that the same was done without notice, either actual or…
2Cited by4 opinions
- State ex rel. Alexander v. Superior CourtWashington Supreme Court · 1906
- Rich County v. BaileyUtah Supreme Court · 1916
- Hallowel v. District Court for Utah CountyUtah Supreme Court · 1933
- Pullman Co. v. State Board of EqualizationIdaho Supreme Court · 1918