(Download) "Central Bank & Trust Company v. Wendell" by Supreme Court Of Utah # eBook PDF Kindle ePub Free
eBook details
- Title: Central Bank & Trust Company v. Wendell
- Author : Supreme Court Of Utah
- Release Date : January 10, 1982
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 62 KB
Description
STEWART, Justice: This is an appeal from the denial of the defendants' motion to set aside a default judgment. They contend that the default judgment should have been set aside because: (1) The service of process was defective in requiring an answer within twenty days rather than thirty days; and (2) plaintiff failed to give defendants notice of the default judgment. Defendants also allege error in the court's denial of their request for oral argument on the motion. On October 23, 1980, plaintiff Central Bank & Trust Company (Central Bank) filed a complaint seeking a money judgment against the Jensens for the unpaid balance on their Master Charge account. Earlier that day a representative of Central Bank had spoken to Mrs. Jensen by telephone and she had informed the representative that their house in Utah County was being sold and that they were leaving Utah County that same day. She refused to give any address where they could be reached other than a post office box number in Provo, Utah. Consequently, Central Bank filed a motion for alternative service of process, which was granted on October 23, 1980. The clerk filed a proof of mailing of a summons and complaint the following day, stating that the summons was mailed to the post office box in Provo. Also, on October 24, 1980, a writ of attachment was issued attaching real property owned by the Jensens. A hearing was set for October 31, 1980, to consider an extension of the writ of attachment. The Jensens failed to appear, and the trial Judge entered an order extending the writ.
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