(Download) "Transwestern General Agency v. Carl Morgan" by Supreme Court Of Utah # eBook PDF Kindle ePub Free
eBook details
- Title: Transwestern General Agency v. Carl Morgan
- Author : Supreme Court Of Utah
- Release Date : January 30, 1974
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 62 KB
Description
TUCKETT, Justice: The defendant Joe Campbell appeals from an order of the district court denying his motion to quash the service of summons made upon him in the state of Idaho. On April 1, 1970, the defendant Joe Campbell requested Carl Morgan, an insurance agent in the state of Idaho, to procure for him a policy of liability insurance. Morgan contacted the plaintiff, and the plaintiff wrote a policy of insurance affording coverage to Campbell. On August 23, 1972, the plaintiff filed this action in the district court of Salt Lake County wherein it seeks to recover the premium earned on the policy while it was in force. Summons was served upon Campbell in the sate of Idaho, and upon his failure to answer a default judgment was entered against him on October 3, 1972. After the entry of judgment the defendant Campbell moved the court to quash the service of summons. On November 29, 1973, the court made and entered an order denying Campbell's motion, which order recited that the matter was argued and briefs submitted on behalf of the parties, and that the court thereafter took the matter under advisement. Prior to that order the record indicates that the motion by Campbell to dismiss for lack of jurisdiction was before another division of the court which ordered that the matter be stricken for lack of prosecution when neither side appeared at a hearing on the motion. There is some confusion in the record but it would appear that the order striking the motion was not intended to dispose of the case but only to strike it from that particular calendar.