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McEWEN IRRIGATION COMPANY v. MICHAUD

No. 14601.

558 P.2d 606 (1976)

McEWEN IRRIGATION COMPANY, aka McEwen Ditch Company, a Utah Corporation, Plaintiff and Respondent, v. Normand MICHAUD aka Normand P. Michaud aka Bud N. Michaud, Defendant and Appellant.

Supreme Court of Utah.

December 13, 1976.

Attorney(s) appearing for the Case

Robert L. Gardner, Cedar City, for defendant and appellant.

David L. Mower, Panguitch, for plaintiff and respondent.

ELLETT, Justice:

This is an appeal from an order of the court commanding the defendant to remove a bridge from across plaintiff's ditch traversing defendant's land. The following sequence of events gave the defendant his grounds for appeal:

The sheriff had a Complaint, Summons, and Order to Show Cause in his possession on April 29, 1976. He went to defendant's place and served the Summons, together with a copy of the Complaint, upon defendant's aged mother...

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