Acts, Resolutions and Memorials Passed at the Annual Sessions of the Legislative Assembly of the Territory of Utah1870 - Law |
From inside the book
Results 1-5 of 34
Page 28
... effect , its allegations shall be liberally construed , with a view to substantial justice between the parties . SEC . 71. The Court shall in every stage of an action dis- Error , when to regard any error or defect in the pleadings or ...
... effect , its allegations shall be liberally construed , with a view to substantial justice between the parties . SEC . 71. The Court shall in every stage of an action dis- Error , when to regard any error or defect in the pleadings or ...
Page 29
... effect that if the defendant recover judg- Plaintiff to ment , the plaintiff will pay all costs and charges that may be give under- awarded to the defendant , and all damages which he may sustain by reason of the arrest , not exceeding ...
... effect that if the defendant recover judg- Plaintiff to ment , the plaintiff will pay all costs and charges that may be give under- awarded to the defendant , and all damages which he may sustain by reason of the arrest , not exceeding ...
Page 30
... effect that they are bound in the amount mentioned in the order of arrest ; that the defendant shall at all times render himself amenable to the process of the Court during the pendency of the action , and to such as may be issued to ...
... effect that they are bound in the amount mentioned in the order of arrest ; that the defendant shall at all times render himself amenable to the process of the Court during the pendency of the action , and to such as may be issued to ...
Page 33
... effect that they are bound to the defendant in double the value of the property , as stated in the affidavit for the prosecution of the action , for the return of the property to the defendants , if return thereof be adjudged , and for ...
... effect that they are bound to the defendant in double the value of the property , as stated in the affidavit for the prosecution of the action , for the return of the property to the defendants , if return thereof be adjudged , and for ...
Page 35
... effect that the plaintiff will pay to the party enjoined such damages , not exceeding an amount to be specified , as such party may sustain by reason of the injunction , if the Court finally decide that the plaintiff was not entitled ...
... effect that the plaintiff will pay to the party enjoined such damages , not exceeding an amount to be specified , as such party may sustain by reason of the injunction , if the Court finally decide that the plaintiff was not entitled ...
Other editions - View all
Common terms and phrases
action or proceeding adjournment adverse party affidavit amended amount answer appeal application appointed Approved February approved January arrest attached attorney bail Box Elder County Cache County cause of action certified CHAPTER City Council civil action claim Clerk complaint corporation costs County damages debts deemed defendant deposited direct discharged docket duties eighteen hundred election entered entitled evidence exceeding February 18 filed Governor and Legislative granted hundred dollars injunction interest issued judgment debtor judgment or order jurisdiction jurors jury Justice Legislative Assembly liable lien manner ment motion notice oath officer ordinance payment Peace personal property plaintiff pleading precinct Probate proceed purchaser real property record recover redemptioner referee rendered residence Sanpete County seal served Sheriff sold specified subpoena summons sureties taken tax and regulate Territorial Marshal Territory of Utah thence therein thereto tion trial undertaking verdict witness writ
Popular passages
Page 69 - ... the recorder of the county in which the property is situated, a notice of the pendency of the action...
Page 42 - Judgment may be given for or against one or more of several plaintiffs, and for or against one or more of several defendants; and it may, when the justice of the case requires it, determine the ultimate rights of the parties on each side, as between themselves.
Page 36 - If the application be made upon affidavits on the part of the defendant, but not otherwise, the plaintiff may oppose the same by affidavits or other proofs in addition to those on which the order of arrest was made.
Page 29 - In an action for a fine or penalty, or for money or property embezzled, or fraudulently misapplied, or converted to his own use, by a public officer, or an officer of a corporation, or an attorney, factor, broker, agent, or clerk, in the course of his employment as such, or by any other person in a fiduciary capacity; or for misconduct or neglect in office, or in a professional employment, or for a willful violation of duty; 3.
Page 27 - In an action for libel or slander, it shall not be necessary to state in the complaint any extrinsic facts for the purpose of showing the application to the plaintiff of the defamatory matter out of which the cause of action arose; but it shall be sufficient to state generally, that the same was published or spoken concerning the plaintiff; and if such allegation be controverted, the plaintiff shall establish on the trial that it was so published or spoken.
Page 129 - Company," and by that name shall have perpetual succession, and shall be able to sue and be sued, plead and be impleaded, defend and be defended, in all courts of law and equity within the United States, and may make and have a common seal.
Page 70 - If it be alleged in the complaint and established by evidence, or if it appear by the evidence without such allegation in the complaint to the satisfaction of the court, that the property or any part of it is so situated that partition cannot be made without great prejudice to the owners...
Page 94 - The records and judicial proceedings of the courts of any State or Territory, or of any such country, shall be proved or admitted in any other court within the United States, by the attestation of the clerk, and the seal of the court annexed, if there be a seal, together with a certificate of the judge, chief justice, or presiding magistrate, that the said attestation is in due form.
Page 108 - ... in the sum not less than two hundred dollars and not exceeding the amount claimed by the plaintiff, with sufficient sureties, to the effect that if the defendant recovers judgment, the plaintiff will pay all costs that may be awarded to the defendant and all damages which he may sustain by reason of the attachment...
Page 27 - In the actions mentioned in the last section, the defendant may, in his answer, allege both the truth of the matter charged as defamatory and any mitigating circumstances, to reduce the amount of damages ; and whether he prove the justification or not, he may give in evidence the mitigating circumstances.