BALLARD v. BUIST

No. 8887.

8 Utah 2d 308 (1959)

333 P.2d 1071

DAVIS VINCENT BALLARD, BY DUANE O. BALLARD, HIS GUARDIAN AD LITEM, PLAINTIFF AND APPELLANT, v. WES BUIST AND RONALD BAXTER, A/K/A RONY BAXTER, DEFENDANTS AND RESPONDENTS.

Supreme Court of Utah.

January 12, 1959.


Attorney(s) appearing for the Case

Lionel M. Farr, Salt Lake City, for appellant.

Fred L. Finlinson, Salt Lake City, for respondents.


WADE, Justice.

This is an appeal from a judgment granting motions to quash service of summons and to dismiss the complaint.

This action for damages resulting from an assault and battery was commenced by the service of summonses which were signed and issued by the attorney for Davis Vincent Ballard in accordance with Rule 4(a) which provides that "[T]he summons may be signed and issued by the plaintiff or his attorney." The summonses were served upon respondents...

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