Inter-Mountain Republican | 1906-06-10 | Page 3 | Quashing Service Not Final.

I 1 QUASHING SERVICE ICE NOT FINAL 1 Supreme Court Holds Hollis Appeal I Is Not Allowable I The Supreme court ye yesterday handed down an opinion sustaining Judge Ritchie of or the District court and ruling that the order older quashing plaintiffs plaintiff's plaintiffs plaintiff's plain plain- tiffs tiff's service Ilce was not a n. final llon tion o of a case and was therefore not nol l The ca case which is still pending in JUll Judge e court is entitled Honerine Muting Mining Milling company and tho the Tunnel Milling com company pan appellant against the Iho Steel Pipe Tank com corn pany and anI time the Utah Mining Mimming Machinery Supply company The Time plaIntiffs claimed service on the defendant companies through T j K Ellis an agent The defendants appeared before Ju Judge Ritchie and moved movel to qUa h the service on time the grounds that Ellis was wat not nol an agent of ot the company The lower court heard argument and quashed the service and that I Is the last proceed proceed- ings taken In tim the case The Time defendants defendants' defendants defendants' defend defend- ants' ants point that thai no mm appeal could be betaken betaken taken on tho the order since It was not nota a 3 final judgment was well vell taken laken and tIme the opinion of or the court b by Justice and concurred concurred concurred con con- in b by JustIce McCarthy l upholds upholds up up- holds hoMs the lower lover court Chief Justice Bartch concurs In the result Section of the revised statutes Is cited as authority co The action I IS for tor dama damages es alleged to lo be duo due on account of breach of or warranty warrant In the sale salo to lo plaintiffs of oC certain iron piping