[Download] "Bill S. Woody v. Bert Rhodes and Vaughn" by Supreme Court Of Utah * eBook PDF Kindle ePub Free

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eBook details

• Title: Bill S. Woody v. Bert Rhodes and Vaughn
• Author : Supreme Court Of Utah
• Release Date : January 21, 1969
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 60 KB

Description

TUCKETT, Justice. The plaintiff commenced this action in the court below seeking to recover on a promissory note and also on an oral contract
to drill a well for the defendants. Complaint was filed on February 15, 1968, and the summons was served on February 20, 1968,
by a deputy sheriff of Box Elder County. The sheriff's return shows that the summons was served on the defendant Vaughn Rhodes
by leaving a copy of the summons and complaint with Mrs. Vaughn Rhodes, wife of the defendant. However, the deputy sheriff
at the time of service endorsed on the copy of the summons left with Mrs. Vaughn Rhodes the following: "Served this summons
and complaint on the within named defendant Bert Rhodes on the 20th day of February, 1968, at Tremonton, Box Elder County,
Utah." Bert Rhodes, who was a resident of the State of Nevada, was temporarily in Box Elder County, Utah, and upon his return
home he took the copy of the complaint and summons with him. A judgment by default was entered against the defendant Vaughn
Rhodes on April 2, 1968, and the action was dismissed as against the defendant Bert Rhodes. Vaughn Rhodes learned of the default
judgment in January of 1969, and thereafter in April of that year filed a motion to set aside the default judgment. The defendant
also filed an answer and counterclaim.

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