The Mountaineer. [volume] (Great Salt Lake City [Utah]) 1859-1861, 1861-02-02
Iutal - Id 1.
SUPREME COURT.


Il The following decision was delivered
II BY Chief Justice Kinney, and CONQUERED
4 ia BY Associate Justice Crosby, onlSathr.
day hast; @i & f
FRtScis j HtGfrs " 2, sl, .s \, sur .,.l
4 r. I'M, 3 !, ~; rltory oF UtaTi.
- 'e',''. Z " II ~. Jan. Term 1861
APPEAL BY rnrobckE WINTERS NOV TtIE
pfsrhicT cotrr . 4 THE y Sd JuprcIAi BIS.
fRlcr carsoS corSTg, i. i. 4.
Venerable j. c'raairs4hgS, Jsagt oJ Md
L,jafsiet III .s5 II.
n was argped III Messia, l'rodtead
James, aud .DeSYeif for appellant, j. iii.
Iialstor, Esp, for appeilte VI. ...f.3l /.
Opinion ot tile Cont delivered JaHHary
gG, Is by siiahe.g, CD.
II. 4 leaisoi, and 81 heoloFs Winters
on the ? istday pf Jatiuary, SEQ, made
their joint aud sGs aIpfutiissopy leOfe forI
ti,e kInil Of Eltepn Thousand dollars, yiay
a6la to IF4neis ] IIugt6s On the FIRST day
I Of June following, aid TO secure the All Z,
spaeat. Z xcoafI W nipEigar dc q n ! ~
Certain mining elaini u gold and sIiFcr]
bearing earth and quartz &. S.
uuiy Il portion DC sic snote hnling been
Fpail, "a bill 10 tOfetlGSd tho equity ~ re-
aeAptiuN os Tie afgftgtg0f,4 vas. file,l I
writ issued and served npaa Winters; and
returned mot fouud as 10 AteGisoA,
iintcrs ralae iato colrt, and bis first
step in pleading Was.taken by alag tie
following motion: 3
Now comes Theodore Winters, one OH
che defendants. III tho above entitled ae.4
Ton, aIiit lnageS To- SCI aside Tie notice
and summons Ia The said Ge,ion for lie
following reasons; @ .3s. s.ss Il 4 .4 Il.
First. Because the place ut which the
or trial Is lo lie had isa not
llleiitioped IN saa summons or police, and
the defendant IS not iilfofragd where he
81 required % appear. HUI ..s; bal .G
Second. ISerause il does rot anpeaf
from The summons, or: notice, Id what
clerk 8 Office the complaint Is filed, or. in
what co1iity the slime can be fonnd.: !.
/ a This motion was oygfhlcd, TO which
The defendant excepted. Winters then
ileiuurred 10 the complaint for similar
reasons, with the additional one; that
there were not sufficient facts stated 10
give The court jurisdiction. Tho demurrer
was oeerraled anil exceptions filed:
Winters abiding by his demurrer, a de.
cree was rendered against the defendants.
for the sum Of ten thousand ind thtetyl
two dollars, and ordering sale Of tie
mortgaged property Tie following bill
Of exceptions appears on record: :. ' II.
Be Ii remembered that this cause came
on, for trial on this 8I6t day Of July 1860,
al the special term Of said court; held at
Carson City III the said county OF Carson
and territory aforesaid, ut a town called
Carson City q place distant over ten
miles from the town Of Genoa, the county
seat Of said comfy, and lie, defendant,
Theodore Winters, objects TO the iuris,iEc-
/ ton of the said court 10 Try or render
I Judgment IN the said Gction. $50
EIrst. Because there is no authority Of
law Whereby the slid special term Of
court can be held. ~ -. T.. .e5.
Second Because the said court was
HELD at tile said Town OF Carson City, aud
not ut the county seat of said. county.
! The court oScrudled the objections, aud
the said Winters there aud then, ut the.
| proper time, excepted, }:-s.7.. y. ....a.s.l
! Upon thisstate OF the record, Winters.
abandoned the cause below, appeals. 10
this court, and assigns for error TIC, over
ruling of9the motion TO gIash tie Wrft.
the oFerrutiug of file deuiarrtr, aud con-.
/ tends. ia addition, that the court erred il,
/ oysrFuRng'the oIjeetiopS set forth in the
btflsof exceptions, .-%-.-.,-. -. !. r:
! With the views entertained by this
4 soart apon the main question, THE right Of
! the judge 10. hold the court, and .rs,lJrr
I the Judgment under the then existing
laws, 1t Is unnecessary to eoasider whether
/ 1.-The court erred in oVefruiiag the iuoiiog
to quash the writi aud Vse Oaiy 10 SO loT
/ The purpose Of settling TIE practice. Sec.
I 2, Of; the Revised Laws provides, that
7 when complaint is fled, tbs c0aEl sl.all
issue ~ the.degehdaut notice. containing
/ cory OF the complaint, aud the fipic, and
Place, torthe investigation thereof K. l..
. p. ISS. sa r.. :. -. : :,
!. The notice Was issued 30 the marshal of
tne territory, commanding bin 10 notify
the defendants that tie plaintiff had filed