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11 Utah B. Bull. 1 (1941)

handle is hein.barjournals/utbabult0011 and id is 1 raw text is: The Utah Bar
-- BULLETIN -
Official Organ, The Utah State Bar
Technical legal doctrines and theories gain meaning only when placed
in the perspective of the larger movements of thought which gave them
nurture.                               -FELIX FRANKFURTER.
VOL. XI                   JANUARY-FEBRUARY, 1941                        Nos. 1 & 2
41 It is the purpose of this article to discuss briefly the
validity of the act, its application to our courts, and
to outline its scope and effect.
The Soldiers' and Sailors'
Civil Relief Act of 1940
By D. RAY OWEN, JR.
of the Salt Lake County Bar

As additional hundreds join the great
number of men already affected by the
Soldiers' and Sailors' Civil Relief Act of
1 940, the changes made by this Act in
the practice of both state and federal
courts become increasingly important to
all members of the Bar who will inevitably
be called upon to advise those who have
entered military service, their creditors,
and many others who. will be affected by
the Act. In order to assist the Utah Bar
in meeting the legal problems necessarily
arising from the enforcement of the Act,
it is the purpose of this article to discuss
briefly the validity of the Act, its ap-
plication to our courts, and to outline its
scope and effect.

The purpose of the Act (which is set
forth conveniently at 130 A. L. R. 794,
together with a very helpful annotation)
is to enable persons in the military service
to devote their entire energy to the de-
fense needs of the Nation, by protecting
them from being harassed and their civil
rights injured during their term of service.
The general effect of the act is not to
release any person in military service from
legal liability, or to accomplish the dis-
charge of his legal obligations. (Con-
tinental Jewelry Co. v. Minsky, Me., 1 1 1
A. 801). Rather, the act is intended to
temporarily suspend legal proceedings and
various commercial transactions and ha-

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