Griffiths v. Justice's Court
Utah Supreme Court
Appeal from the First District Court, Cache County.— Son. W. W. Maughan, Judge. Certiorari to review proceedings in the Justice’s Court of Logan City. From a judgment affirming the justice’s judgment, the plaintiff appealed. APPELLANT’S AUTHORITIES. The giving of such notice of trial to one who has filed an answer is a jurisdictional fact, and that without the same being given a judgment would be absolutely void, and would-be vacated upon a writ of review.
Read the full summary
Appeal from the First District Court, Cache County.— Son. W. W. Maughan, Judge. Certiorari to review proceedings in the Justice’s Court of Logan City. From a judgment affirming the justice’s judgment, the plaintiff appealed. APPELLANT’S AUTHORITIES. The giving of such notice of trial to one who has filed an answer is a jurisdictional fact, and that without the same being given a judgment would be absolutely void, and would-be vacated upon a writ of review. (Jones v. Justice’s Court, 97 Cal. 523; Los Angeles v. Young, 50 Pac. 536; Stewart v. Justice’s Court, ¡109 Cal. 617; Elder v. Justice’s…
1Opinion of the CourtStraup, C. J.
Tbe appellant in September, 1907, applied to tbe district court for a writ of certiorari to review proceedings bad in a justice’s court in a case wherein the appellant was tbe defendant and one George L. Earrell was tbe plaintiff. It is alleged in tbe affidavit for tbe writ that a complaint was filed in tbe justice’s court on tbe 11th day of February, 1901; that summons was issued and served on the defendant on tbe 8th and returned and filed on tbe 9th day of April; that on tbe 16th day of April tbe defendant filed an answer in which was pleaded tbe statute of limitations; and that tbe case…
2Cases cited11 opinions
- Haven v. County Commissioners of EssexMassachusetts Supreme Judicial Court · 1892
- Gilbert v. Board of Police & Fire CommissionersUtah Supreme Court · 1895
- City of Los Angeles v. YoungCalifornia Supreme Court · 1897
- Fairbanks v. Mayor of FitchburgMassachusetts Supreme Judicial Court · 1882
- Blair v. HamiltonCalifornia Supreme Court · 1867
6 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Ferguson v. Industrial CommissionUtah Supreme Court · 1923
- Higgs v. BurtonUtah Supreme Court · 1921
- McMillan v. DurandUtah Supreme Court · 1910
- Beck v. LewisUtah Supreme Court · 1917
- Lee v. Provo City Civil Service CommissionUtah Supreme Court · 1978
1 more not listed; retrieve them via the Exa API.