Reports of Cases Determined in the Supreme Court of the Territory of Utah, Volume 36 |
From inside the book
Results 1-5 of 100
Page 9
... error relates to the ruling of the court that the evidence adduced by appellants did not estabish the alleged agreement , namely , that respond- ent had agreed to deliver the property mentioned in the 1 bill of sale . Without referring ...
... error relates to the ruling of the court that the evidence adduced by appellants did not estabish the alleged agreement , namely , that respond- ent had agreed to deliver the property mentioned in the 1 bill of sale . Without referring ...
Page 15
... error to refuse a requested charge substantially covered by instruc- tions given . ( Page 19. ) Where a 5. WITNESSES - REFRESHING RECOLLECTION - MEMORANDA . witness had made a memorandum as to the number of trains that passed in front ...
... error to refuse a requested charge substantially covered by instruc- tions given . ( Page 19. ) Where a 5. WITNESSES - REFRESHING RECOLLECTION - MEMORANDA . witness had made a memorandum as to the number of trains that passed in front ...
Page 19
... error in permitting a witness to use a memorandum made by him . at the time of the occurrence , in testifying to the number of trains that passed in front of the property in question on a particular day , cannot be sustained . There is ...
... error in permitting a witness to use a memorandum made by him . at the time of the occurrence , in testifying to the number of trains that passed in front of the property in question on a particular day , cannot be sustained . There is ...
Page 20
... ERROR - REVIEW OF EVIDENCE - FINDINGS . The court on appeal in a law case may look into the evidence to ascertain whether a finding of fact is supported by the evidence , but it cannot look into the evidence to make a finding , nor ...
... ERROR - REVIEW OF EVIDENCE - FINDINGS . The court on appeal in a law case may look into the evidence to ascertain whether a finding of fact is supported by the evidence , but it cannot look into the evidence to make a finding , nor ...
Page 21
... ERROR - POWER TO REMAND CAUSE — Statutes . der Comp . Laws 1907 , sec . 3304x , authorizing the Supreme Court when the findings are incomplete to order the trial court to add to or complete the findings so as to make the same con- form ...
... ERROR - POWER TO REMAND CAUSE — Statutes . der Comp . Laws 1907 , sec . 3304x , authorizing the Supreme Court when the findings are incomplete to order the trial court to add to or complete the findings so as to make the same con- form ...
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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.