Reports of Cases Decided in the Supreme Court of the State of Utah, Volume 37

Front Cover
 

What people are saying - Write a review

We haven't found any reviews in the usual places.

Selected pages

Other editions - View all

Common terms and phrases

Popular passages

Page 260 - Every agreement, promise or undertaking is void, unless it or some note or memorandum thereof be in writing, and subscribed by the party to be charged therewith, or by his lawful agent, if such agreement, promise or undertaking: 1. By its terms is not to be performed within one year from the making thereof ; 2.
Page 598 - No variance between the allegation in a pleading and the proof is to be deemed material, unless it has actually misled the adverse party to his prejudice in maintaining his action or defense upon the merits.
Page 602 - ... to ministers of religion, traveling secretaries of railroad Young Men's Christian Associations, inmates of hospitals and charitable and eleemosynary institutions, and persons exclusively engaged in charitable and eleemosynary work; to indigent, destitute and homeless persons, and to such persons when transported by charitable societies or hospitals, and the necessary agents employed in such transportations; to inmates of the National Homes or State Homes for Disabled Volunteer Soldiers, and of...
Page 394 - When the death of a person not being a minor is caused by the wrongful act or neglect of another, his heirs or personal representatives may maintain an action for damages against the person causing the death...
Page 268 - An agreement for the leasing for a longer period than one year, or for the sale of real property, or of an interest therein ; and such agreement, if made by an agent of the party sought to be charged...
Page 598 - Where, however, the allegation of the cause of action or defence to which the proof is directed is unproved, not in some particular or particulars only, but in its entire scope and meaning, it shall not be. deemed a case of variance. within the last two sections, but a failure of proof.
Page 534 - If there were no other legal obstacle in the way, the two judgments in favor of respondent ajid the one in favor of Snow which was conditionally assigned to appellant were, in our judgment, the subject of set-off. Whether mutual judgments should be set off and satisfied In that way. rather than by the ordinary method of enforcing them, rests largely within the discretion of the court to which the application is made.
Page 22 - It is well settled that, where there is uncertainty as to the existence of either negligence or contributory negligence, the question is not one of law, but of fact, and to be settled by a jury; and this whether the uncertainty arises from a conflict in the testimony, or because, the facts being undisputed, fair-minded men will honestly draw different conclusions from them.
Page 161 - The complaint must contain: 1. The title of the action, the name of the court and county in which the action is brought, and the names of the parties to the action; 2. A statement of the facts constituting the cause of action, in ordinary and concise language; 3.
Page 468 - ... 1. Where it has been usually cultivated or improved; 2. Where it has been protected by a substantial inclosure; 3.

Bibliographic information