The Mountaineer. [volume] (Great Salt Lake City [Utah]) 1859-1861, 1861-01-19
THE
NOUN n ]. Tin n. EER.
eRFa1 sllT tlEF tlTM
SATURDAY JiNuaRYi II. lssl \
sIIpltEMIIE COURT

our intention 10 give publicity % tpe opin
Ions and ssIiut. Or che Supreme Court, y
r.. 4 eur spars win permit
VI ri. VEGA Ne are compelled y leay,
~, ~ u,Iauses II the court, d order 4
Nv. rccn for he legislative proceedings
4 fsII rcpsst viii % Published nexl
weed.
Tncnas Wnraas II Supreme Court
n Utah Ter, .Ianu'y
F..rcss d Huenss Term, A, D.Issf
,ryk,r raon Tnr msrmcTcouRr or cARsos
esrErY.
Ogin;sa III IIaa Jaia r hisaey, Chg
sJWSire.
Hughes, IL appellee, Giles The following
notice 10 dismiss.
First. Because said Judgment Is joint
aaainst said Winters and Atclilson, and
I said Aislisan has not joined Winters IL
nrosecuting said appeal; but said appeal
Il prosecuted and prayed for BY said Win
ters Ii bis iediyidunl name. and on hsown
behalf. 2
Second. Said Winters ID bis appeal
bond herein fled, does not refer 70, Or dc.
scribe he Judgment set ont Id the record,
but refers 10 4 Judgment III favor 81 said
plaintiff and against said Winters alone.
III deciding this motion the court win
consider The points separately Was Il
necessary for Atchison 10 unite with Win.
tiers il che appeal ID order 10 give this
court jarisdictiong
The record discioscs The fact that the
foundation of The suit was q joint and sess
eral nole executed BY AtchisOn 4 Win
ters Tor the sum Of fifteen thousand dol
lara TO secure thepaynlent Of this note.
8 mortgage deed was given, signed ~ the
makers EespectiyeIy, and as the note was
MOI paid, q petition in chaneery was filed
% ioroclose the equity Of redemption &c
The moftgagors in the premises described.
Tho wFit was returned .,serrcdr as 10
Winters, md mot found a. 70 Atchi.
son. Wlnt1rsal0ne appeared aud pleaded
10 the suit BY counsel he conducted chs
defense, fled bills Of exceptions II bis own
name, and appears 10 have been the sole
party defendant over whom the court &c.
quirrd Jurisdiction
Oolhsel sseln 70 nave neen partlculatiy
guh.uen ~ Ieit appearance ~ cncll stage
@ tnc l,lradlllgs, appearing iot defendant
Winters and inno Instance Is IL manifest
that Atchison was represented liz court
Tie decree was rendered. Ilnon flte
asslta,las 9 sne sei'affsr meg y Win
ssls ~ iF " eee Fesslfsi exhibits The
iaei, y appears ilate peeii tho only de-
y! REMNANT Y Go1ll !. ., !, q
= now fsyeay asserted tliat ne alone
.oala iiot esl p.ll ilial a tellisolt must
JON: I, !.
t1le eoart ac.s'lrea NO Jurisdiction os
.uo Pclsonot Atsillsoll,tlc was nor y purity
to Inc !foeet.llnSs ln court and the de-
cree against hlnl = 9 mint lIe could
!, hot oeeoae 8 party laz .nls court without
y, nrs. ma.le z party ill me sonrt below.
Lnls = ags q court q original bnt appel.
.a.e lutlsuctlsn' a Judgement must. be
utse rendered ~ lle court below against
persons proeght INTO court w either nc.
y. susl g se..s..'lc.lse service, before such
jaeglnen. can De reviewed on us merits IN
sni !, eoalI
Nhuel SEC - " ule laws OF Utah,
Page laa, we court may acquire taTisdlc-
il0az x constructive service, hut only
Nusu NY evllllaius = = s.hst me defendant
g = nol,-reslde.l Or aoscolldent debtor.
aag lne plialn.lh mas gtren sllfety, and On
osaer = issued e tlle proper officer 20 take
psopesly ana sach property Is appraised;
taeh snc court shail advertise ITS order IN
~. ne J, AID y send asopy thereof to
the defendant. II bis residence is known.
sg sueh proceeding was resorted 10 I'M
ol y. |, Y Nring AtctiScil into court. ttI
WIN le observed that the complaint mist
oe agailst tha deitadaat as q nonresident
or anseondent debtor before Publication
c g. be made Sneli complaint was not
=, nled against Atehlson. and we are nj a
loss 70 Know now the court could have
rendered decree against him, u .I.. i
=, -. ~ the case, Then properly appealed by
winters Tie Organic Act provides that
Wits Of error bills Of exceptions and op-
i,ealss shsli be allowed 70 pii eaEes from
E.ne hl,al decisions Of the district courts
I " ". the supreme Court under such Tegnla-
tio 49, ~ l, may PC preseribedhy law. 81 4 !.
Mhlie the Legislature cannot take
SWAY the right Of appeal, Il is to be re.
gretied that no specific mode has been
PROVIDED lor Taking the appeal, The oaly