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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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