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RHOADES v. WRIGHT

No. 14159.

552 P.2d 131 (1976)

Mildred RHOADES, Individually and as Administratrix of the Estate of Claude Rhoades, Deceased, Plaintiff and Appellant, v. James C. WRIGHT, also known as James Clifford Wright, et al., Defendants and Respondents.

Supreme Court of Utah.

July 8, 1976.

Attorney(s) appearing for the Case

D.A. Frandsen, of Frandsen & Keller, Price, Arthur H. Nielsen and Randall Romrell, of Nielsen, Conder, Henriod & Gottfredson, Salt Lake City, for plaintiff-appellant.

P. Keith Nelson, of Brandt, Miller & Christopherson, Salt Lake City, for defendants-respondents.

MAUGHAN, Justice:

On appeal is an order of the trial court vacating a writ of attachment; holding that an "attachment is an improper method to confer jurisdiction in a wrongful death case where the tort sued upon arose in another state"; and that the court had no in rem jurisdiction. We reverse and remand for reinstatement of the writ.

In 1970, Claude Rhoades and James Wright each farmed different parcels of land located in Utah and in Colorado. In April of...

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