Allen v. Garner
Utah Supreme Court
Appeal from District Court, First District; Eon. J. D. Call, Judge. Action by Henry H. Allen against W. F. Garner and others. Judgment for plaintiff. Defendants O. D. Merrill and others appeal.
1Opinion
ON APPLICATION POR REHEARING.
FRICK, J.
2 Counsel for appellants have filed a petition for a rehearing in which they contend that we have erred in sustaining the motion to dismiss the appeal. One ground especially urged is that we erred in holding that W. F. Garner, who was a defendant in the court below, was a necessary party to the appeal. It, among other tilings, is now urged: (1) That Mr. .Garner was not properly served with summons and was not brought into the case in the District Court, and hence that the judgment entered against him is void; and (2) that he is not interested in the…
2Cases cited19 opinions
- Basket v. HassellSupreme Court of the United States · 1883
- Merced Bank v. RosenthalCalifornia Supreme Court · 1893
- McGaughey Bros. v. LathamSupreme Court of Georgia · 1879
- Guarantee Trust & Safe Deposit Co. v. Buddington, Wilson & Co.Supreme Court of Florida · 1887
- Home Savings & Loan Ass'n v. BurtonWashington Supreme Court · 1899
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