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 61
... filing a complaint ; that at any time within a year of the date of filing , which the justice must indorse on the complaint , plain- tiff may have summons issued ; that if summons is returned without being served , alias summons may be ...
... filing a complaint ; that at any time within a year of the date of filing , which the justice must indorse on the complaint , plain- tiff may have summons issued ; that if summons is returned without being served , alias summons may be ...
Page 63
... filing a complaint ; the justice was required to indorse on the com- plaint the date upon which it was filed , " and at any time . within one year thereafter the plaintiff may have summons issued ; " if the summons was returned without ...
... filing a complaint ; the justice was required to indorse on the com- plaint the date upon which it was filed , " and at any time . within one year thereafter the plaintiff may have summons issued ; " if the summons was returned without ...
Page 64
... filed , it does not follow that it was required to be served within such time , and that a failure to do so terminated the action . Such has been the holding of the California courts . The Code there , as here , required the date of filing ...
... filed , it does not follow that it was required to be served within such time , and that a failure to do so terminated the action . Such has been the holding of the California courts . The Code there , as here , required the date of filing ...
Page 66
... filing of the complaint , had the power to arbitrarily prolong the running of the statutes of limitations , and to keep the claim sued on alive indefinitely , or until he himself dismissed the action , or until something else was done ...
... filing of the complaint , had the power to arbitrarily prolong the running of the statutes of limitations , and to keep the claim sued on alive indefinitely , or until he himself dismissed the action , or until something else was done ...
Page 67
... filed . It is pending , not only until the plaintiff has failed to serve a summons within one year thereafter , as contended by the respondent , or within a reasonable time , or until he has otherwise failed to prosecute the action with ...
... filed . It is pending , not only until the plaintiff has failed to serve a summons within one year thereafter , as contended by the respondent , or within a reasonable time , or until he has otherwise failed to prosecute the action with ...
Contents
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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.