Reports of Cases Determined in the Supreme Court of the Territory of Utah, Volume 36 |
From inside the book
Results 1-5 of 68
Page 61
... dismissed , " fail " within Revised Statutes 1898 , section 2893 , providing that if an action be seasonably com- menced , and plaintiff fail therein otherwise than on the merits , and the time limited for the action shall have expired ...
... dismissed , " fail " within Revised Statutes 1898 , section 2893 , providing that if an action be seasonably com- menced , and plaintiff fail therein otherwise than on the merits , and the time limited for the action shall have expired ...
Page 62
... dismissed by the justice on plaintiff's motion . Answering the complaint in this action the administrator alleged that he had no in- formation respecting the material allegations of the com- plaint , and on that ground denied them , and ...
... dismissed by the justice on plaintiff's motion . Answering the complaint in this action the administrator alleged that he had no in- formation respecting the material allegations of the com- plaint , and on that ground denied them , and ...
Page 63
... dismissal of the action a failure not upon merits , within the meaning of the statute ? The plaintiff contends that the action was pending from the filing of the complaint November 4 , 1896 , and did not fail until the 12th day of ...
... dismissal of the action a failure not upon merits , within the meaning of the statute ? The plaintiff contends that the action was pending from the filing of the complaint November 4 , 1896 , and did not fail until the 12th day of ...
Page 64
... dismissal not having the effect of extending the time to answer . The statute of Cali- fornia in 1889 was amended , requiring the summons to be served within three years . ( Kerr's Codes , Code Civ . Proc . , section 581a . ) Until such ...
... dismissal not having the effect of extending the time to answer . The statute of Cali- fornia in 1889 was amended , requiring the summons to be served within three years . ( Kerr's Codes , Code Civ . Proc . , section 581a . ) Until such ...
Page 65
... dismissed for want of process . In May , 1856 , and within six months after the former action was dismissed ( that being the time fixed by the saving statute , corresponding with section 2893 of our statute ) , the plaintiff commenced ...
... dismissed for want of process . In May , 1856 , and within six months after the former action was dismissed ( that being the time fixed by the saving statute , corresponding with section 2893 of our statute ) , the plaintiff commenced ...
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Common terms and phrases
action admission affidavit alleged amendment appellant appellant's application authority charged claimant commenced Comp Company complaint conclusion conductor Constitution construction contended contract counsel damages deceased decree defendant defendant's dismissed district attorney district court dollars easement effect engineer entitled error evidence fact filed fund garnishee ground held highway injury interest issue judgment jurisdiction jury justice justice's court land legislature lien lots MCCARTY mechanic's lien ment mining claim motion negligence notice obtained offense Oregon Short Line owner parties payment person physician plaintiff proceedings prosecutrix purchase purpose question railroad reason record referred refused respondent respondent's rule Salt Lake City Salt Lake County scrip sexual intercourse statement statute STRAUP street Supreme Court surety bond Teakle testified testimony therein thereof tion train trial court University of Utah Utah Waddell waived witness writ of prohibition
Popular passages
Page 421 - That all lands herein granted for educational purposes shall be disposed of only at public sale, and at a price not less than $10 per acre, the proceeds to constitute a permanent school fund, the interest of which only shall be expended in the support of said schools.
Page 22 - No suit or action on this policy for the recovery of any claim shall be sustainable in any court of law or equity until after full compliance by the insured with all the foregoing requirements, nor unless commenced within twelve months next after the fire.
Page 418 - An unconstitutional act is not a law; it confers no rights ; it imposes no duties ; it affords no protection ; it creates no office ; it is, in legal contemplation, as inoperative as though it had never been passed.
Page 405 - If the defendant was formerly acquitted on the ground of variance between the indictment or information and the proof, or the indictment or information was dismissed upon an objection to its form or substance, or in order to hold the defendant for a higher offense, without a judgment of acquittal, it is not an acquittal of the same offense.
Page 172 - An action is deemed to be pending from the time of its commencement until its final determination upon appeal, or until the time for appeal has passed, unless the judgment is sooner satisfied.
Page 177 - There can be but one action for the recovery of any debt, or the enforcement of any right, secured by mortgage upon real estate or personal property ; which action must be in accordance with the provisions of this chapter.
Page 313 - ... to recover damages for the death of her husband, alleged to have been caused by blows wrongfully inflicted upon him by defendant.
Page 361 - reason we feel obliged to reverse the judgment and remand the case for a new trial.
Page 315 - When a train stops or is delayed, under circumstances in which it may be overtaken by another train, the flagman must go back immediately with stop signals a sufficient distance to insure full protection. When recalled he may return to his train, first placing two torpedoes on the rail when the conditions require it.
Page 268 - HARLAN delivered the opinion of the court. This is an original application to this court for a writ of habeas corpus. The petitioner, David S.