Legal Opinion · Concurrence

Gibbs v. Gibbs

Utah Supreme Court

Decided August 15, 1903No. 1383Published

Appeal from the Fifth District Court, Millard County. —Hon. Thomas Marioneaux, Judge. Action of divorce, instituted in Millard county, on the ground of the alleged adultery of the defendant charged in the complaint as having been committed in Piute county. From a judgment dismissing the action, the plaintiff appealed.

1Concurrence

McCARTY, J.,

(concurring). — There is‘ but one question involved in this appeal, and that is, did the district court of Millard county have jurisdiction of the subject-matter of the action? The learned judge who tried the case, on the authority of the case of Konold v. Railway Co., 16 Utah 151, 51 Pac. 256, dismissed the action,' holding that the court was without jurisdiction. In that case Konold, the plaintiff, who was injured in Emery county, Utah, by the explosion of defendant’s boiler, brought an action for personal injuries against the defendant company in Weber county, Utah. The…

2Cases cited8 opinions

  1. Rumsey v. New York & New England R. R.New York Court of Appeals · 1892
  2. Kimball v. Grantsville CityUtah Supreme Court · 1899
  3. Paul v. DavisIndiana Supreme Court · 1885
  4. Deseret Irrigation Co. v. McIntyreUtah Supreme Court · 1898
  5. Konold v. Rio Grande Western Ry. Co.Utah Supreme Court · 1897

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