Askwith v. Ellis

LARSON, District Judge.

This is an appeal from an order of the district court of Salt Lake county sustaining a demurrer to plaintiff’s amended complaint. The record discloses that in April, 1923, plaintiff filed an action against defendants in the district court of Salt Lake county seeking a judgment on a promissory note dated May 1, 1922, and for the foreclosure of a real estate mortgage given to secure the same. On this original complaint no summons was issued or served, but on April 24, 1923, plaintiff and defendants entered into a written agreement whereby, in consideration of certain…