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UPTON v. HEISELT CONSTRUCTION COMPANY

No. 8240.

3 Utah 2d 170 (1955)

280 P.2d 971

A.E. UPTON, APPELLANT, v. HEISELT CONSTRUCTION COMPANY, L.H. HEISELT AND ANNIE RAY HEISELT, ADMINISTRATRIX OF THE ESTATE OF L.H. HEISELT, DECEASED, RESPONDENTS.

Supreme Court of Utah.

March 9, 1955.

Attorney(s) appearing for the Case

Wm. J. Christenson, Charles Welch, Jr., Salt Lake City, for appellant.

Brigham E. Roberts, Salt Lake City, for respondents.

HENRIOD, Justice.

Appeal from an order staying execution on a judgment. Affirmed. Costs to respondent.

Defendant Heiselt endorsed a 2-year note dated May 15, 1935. In 1940 he filed for bankruptcy in Colorado and was adjudicated a bankrupt in 1941. Between times Heiselt unsuccessfully sought the bankruptcy court's assumption of jurisdiction to the exclusion of the Utah court, the former taking the position that the Utah court had plenary adjudicative powers...

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