Blyth & Fargo Co. v. Swenson
Utah Supreme Court
Appeal from the Third district court, Salt Lake county. Ogden Hiles, Judge. Action by the Blyth & Fargo Company against E. A. Swenson, J. B. Swenson, and S. J. Stookey. From a judgment for plaintiff, and an order refusing to set aside the same, defendant Stookey appeals. No personal judgment could be rendered against the defendants not served.
Read the full summary
Appeal from the Third district court, Salt Lake county. Ogden Hiles, Judge. Action by the Blyth & Fargo Company against E. A. Swenson, J. B. Swenson, and S. J. Stookey. From a judgment for plaintiff, and an order refusing to set aside the same, defendant Stookey appeals. No personal judgment could be rendered against the defendants not served. If the court should attempt to assume jurisdiction over the joint obligor not served with process, and should render judgment against him, such' judgment, so far at least as the defendant not served is concerned, would be absolutely void. McDoll v.…
1Opinion of the Court
Zane, G. J.:
It appears from this record tbat tbe plaintiff brought suit against tbe defendants, by their individual names, on two promissory notes, and alleged in tbe complaint that they were executed by tbe defendants as partners; that personal service was made on tbe Swensons, and tbat there was no service on defendant Stookey; tbat Cher-rington & Harkness, attorneys at law, were employed by tbe Swensons to appear for them in tbe case; tbat they filed a demurrer, in which they did not give tbe individual names of tbe defendants for whom they appeared; tbat they signed tbe demurrer as…
2Cases cited10 opinions
- Ladd v. . StevensonNew York Court of Appeals · 1889
- People v. GreeneCalifornia Supreme Court · 1887
- Great West Min. Co. v. Woodmas of Alston Min. Co.Supreme Court of Colorado · 1888
- Mason v. EldredSupreme Court of the United States · 1868
- Watson v. MayberryUtah Supreme Court · 1897
5 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Pettis v. JohnstonSupreme Court of Oklahoma · 1920
- Jackson v. CarrollSupreme Court of Oklahoma · 1922
- Boland v. All Persons Etc.California Supreme Court · 1911
- Intermill v. NashUtah Supreme Court · 1938
- Bear River Valley Orchard Co. v. HanleyUtah Supreme Court · 1897
9 more not listed; retrieve them via the Exa API.