Thomas v. District Court of Third Judicial Dist. Ex Rel. Salt Lake County

I concur in the result. The Chief Justice in his opinion discusses the following two questions:

1. Under the provisions of Section 104-5-7, U. C. A. 1943, if an officer, making personal service of a summons, fails to endorse upon the copy left with defendant the date of service and sign his name and official title thereto, and defendant timely on a special appearance moves to quash the service of summons, must such service be quashed?

2. Does the evidence sustain the holding of the court that Thomas refused to accept service of summons, and therefore the defective service was immaterial?

As will…