West Mountain Lime & Stone Co. v. Danley

This is an appeal from a judgment of the district court of Salt Lake County dismissing plaintiff’s action. The bill of exceptions, as certified by the judge of the district court discloses the following facts:

The plaintiff, a corporation, on the 2d day of October, 1909, filed its complaint based upon its adverse claim against the application of the defendants for a patent for certain mining claims. On October 9th, seven days after filing the complaint, plaintiff also filed the summons and return showing service thereof on the defendants. Prom the face of the return it was made to appear that…