Hunt v. Monroe
Utah Supreme Court
Appeal from District Court, Salt Lake County; M. L. Bitchie, Judge. Action by Herbert L. Hunt against1 Charles H. Monroe on a foreign decree for maintenance rendered in a divorce suit. From a judgment for plaintiff, defendant appeals. APPELLANT^ POINTS. The plaintiff is a mere officer or agent of a court of a foreign state; a quasi guardian. As such be bas no capacity to sue in bis own name in the courts of tbis state. He is not a trustee of an express trust.
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Appeal from District Court, Salt Lake County; M. L. Bitchie, Judge. Action by Herbert L. Hunt against1 Charles H. Monroe on a foreign decree for maintenance rendered in a divorce suit. From a judgment for plaintiff, defendant appeals. APPELLANT^ POINTS. The plaintiff is a mere officer or agent of a court of a foreign state; a quasi guardian. As such be bas no capacity to sue in bis own name in the courts of tbis state. He is not a trustee of an express trust. As an illustration of bis capacity: Ex parte Gordon (Cal.), 30 Pac. 516; Simpson v. Simpson, 80 Cal. 237, 22 Pac. 167. He cannot sue in…
1Opinion of the CourtFrick, J.
The plaintiff, respondent in this court, filed his complaint in the district court of Salt Lake county, in which the following facts are alleged: “That at all the times hereinafter mentioned the district court, city and county of Denver, See- *432and judicial district, in and for the state of Colorado, was a court of general jurisdiction, duly created and organized by the laws of that state. That prior to the 27th day of August, 1902, an action for divorce had been duly commenced by Charles H. Monroe (the defendant herein) against one Mary L. Monroe in said court by the personal service of…
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