PETERSEN v. JONES

No. 10156.

16 Utah 2d 121 (1964)

396 P.2d 748

EMILY YOUNGBERG PETERSEN AND JOHN GARY PETERSEN, PLAINTIFFS AND APPELLANTS, v. PHILIP E. JONES, DEFENDANT AND RESPONDENT.

Supreme Court of Utah.

November 20, 1964.


Attorney(s) appearing for the Case

Thomas, Armstrong, Rawlings & West, Salt Lake City, for appellants.

Woodrow D. White and Dwight L. King, Salt Lake City, for respondent.


CROCKETT, Justice.

Plaintiffs, Emily Youngberg Petersen and John Gary Petersen, sue Philip E. Jones, alleging that he wrongfully shot and killed John William Petersen, leaving the plaintiffs as the surviving widow and only child, and therefore his sole heirs. The trial court granted the defendant's motion to dismiss the complaint, which motion was based upon the ground that there had been no determination of heirship. Plaintiffs appeal.

The statute under which...

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