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BAWDEN AND ASSOCIATES v. SMITH

No. 17006.

624 P.2d 676 (1981)

BAWDEN AND ASSOCIATES and Dean Bawden, Plaintiffs and Respondents, v. Alvin R. SMITH and Sandra Smith, Defendants and Appellants.

Supreme Court of Utah.

January 20, 1981.

Attorney(s) appearing for the Case

Alvin R. Smith, Sandra Smith, pro se.

William F. Hanson of Parsons & Crowther, Salt Lake City, for plaintiffs and respondents.

PER CURIAM:

This is an action to foreclose two real estate mortgages executed by the defendant Alvin R. Smith. A ten-day summons was served on Sandra Smith, wife of the defendant, on September 26, 1979, but inasmuch as no complaint was filed, the matter was deemed dismissed.1 On October 25, 1979, a ten-day summons was served on Alvin R. Smith, and the complaint was timely filed. No claim is made by plaintiff that Sandra Smith was thereafter...

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