Opinion

Atwood v. Cox, District Judge

  • 88 Utah 437
  • 55 P.2d 377
  • 1936 Utah LEXIS 93
Court
Utah Supreme Court
Filed
Mar 11, 1936
Status
Published
Author
Folland
On the bench
Wolfe, Hansen, Folland, Hanson, Moffat
Cited by
51 cases

“Jurisdiction can never depend upon the merits of the case brought before the court, but only upon its right to hear and decide at all.”

How later courts described this case

  • “Jurisdiction can never depend upon the merits of the case brought before the court, but only upon its right to hear and decide at all.”
  • "Jurisdiction is the power to decide a justiciable controversy ...." (citation omitted)
  • “Jurisdiction can never depend upon the merits of the case brought before the court, but only upon its right to hear *160 and decide at all.”

Written by the judges who cited it.

The opinion

*481

FOLLAND, Justice

(concurring).

I recognize the opinion of Mr. Justice WOLFE as a valuable contribution to the legal learning on the subject-matters therein discussed, but, since it contains matters of criticism of decisions of this and other courts not required for a decision of this case, I limit my concurrence to those parts of the opinion which are necessary to a decision of the matters before us, including the construction given section 105-7-15, R. S. Utah 1933.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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