Lloyd v. Third Judicial District Court in & for Salt Lake County

ELLETT, Justice:

The plaintiffs above named are the impecunious wives of men whose whereabouts are unknown. They petitioned this court for a writ of mandate in substance to compel the trial court to permit each' plaintiff to obtain service on the missing spouse by mailing “Notice of the Action” to the last known address of each defendant. This we refused to do.

In the first place, “Notice of the Action” will not give jurisdiction over a defendant in any type of case. A summons must be served upon a defendant personally if he be within the confines of the State of Utah and not in hiding. If he…