(Download) "Joseph L. Krofcheck v. Downey State Bank" by Supreme Court Of Utah ~ Book PDF Kindle ePub Free
eBook details
- Title: Joseph L. Krofcheck v. Downey State Bank
- Author : Supreme Court Of Utah
- Release Date : January 02, 1978
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 59 KB
Description
CROCKETT, Justice: Plaintiff Joseph Krofcheck seeks to have the judgment in Downey State Bank v. Major Blakeney Corp. 1 (herein refered to as the Downey case) declared invalid and not binding on him because of his contention that the affidavit for publication of summons was insufficient and the court did not acquire jurisdiction over him; and plaintiff claims alternatively that if he is not granted that relief, he should be awarded damages against attorney George D. Melling (and his firm Fabian & Clendenin, who represented Downey Bank in the prior suit), alleging that said attorney filed a false affidavit to obtain service of summons by publication. Upon the basis of the pleadings and submissions, the district court granted defendants' motions for summary judgment. Plaintiff appeals. Plaintiff's points on appeal can be combined into one main contention: that the issue of non-jurisdiction over him in the prior case, based on the claim of false affidavit, was not considered and adjudicated in that case and is therefore not res judicata in this one.