Sharp

This is an appeal from the order denying appellant’s motion to vacate the judgment entered in the case of J. T. Sharp, Plaintiff, v. Eagle Lake Lumber Company, Defendant, to recall the execution issued upon said judgment and to grant a perpetual stay of execution thereon.

On October 18, 1919, the plaintiff, as assignee of the Burton Lumber Company, a corporation, brought this action against the defendant, Eagle Lake Lumber Company, a corporation organized and existing under and by virtue of the laws of the state of Utah, to recover upon a promissory note for the sum of $1,000 executed by the Eagle Lake Lumber Company to the plaintiff’s assignor and (as a second cause of action) to recover the further sum of $2,749.04, alleged to be a balance due from the Eagle Company (as we shall hereinafter refer to the Eagle Lake Lumber Company) for cash advanced, supplies furnished, services, etc., rendered by plaintiff’s assignor to and for the former.

Summons was served on J. E. Solderholm, as vice-president of the Eagle Company, the said summons having been served within the state of California. Said Eagle Company, through said Solderholm. answered the complaint, admitting the existence…