 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...  Reports of Cases Determined in the Supreme Court of the Territory of Utah - Page 534by Utah. Supreme Court, Albert Hagan, John Augustine Marshall, John Maxcy Zane, George L. Nye, James A. Williams, Joseph M. Tanner, Alonzo Blair Irvine, John Walcott Thompson, William S. Dalton, August B. Edler, H. Arnold Rich, Harmel L. Pratt - 1912Full view - About this book
 | Civil procedure - 1874 - 626 pages
...deceased party to continue an action pending at his death, is not an absolute legal right, but rests in the discretion of the court to which the application is made • under section 121 of the Code; and leave to continue the action may be granted or refused according to particular... | |
 | Law reports, digests, etc - 1918 - 2060 pages
...lite, like the granting of an interlocutory injunction, is a matter resting, with certain limitations, within the discretion of the court to which the application is made, to be governed by a consideration of all the circumstances in the case. The courts have always recognized... | |
 | Law reports, digests, etc - 1910 - 1172 pages
...18 SW 731; Smith v. Peck, 123 Cal. 527, 61 Рас. 77; 2 Black on Judgments, § 945 ; 23 Cyc. 141C, and cases cited in note 5. Respondent therefore, in...different Interests involved, the application should be mad<! in equity, and the matter should be controlled by equitable principles. 2 Blackon Judgments,... | |
 | Law reports, digests, etc - 1910 - 1156 pages
...of business, nor to any particular county, but the county to which the case shall be transferred is within the discretion of the court to which the application is made, to be determined by considering the situation, place of business of the parties, convenience of witnesses,... | |
 | Law reports, digests, etc - 1899 - 1134 pages
...It Is further to be considered that the grantIng of a nonsuit for such a cause ns this Is a matter within the discretion of the court to which the application Is made. We attached Importance to that feature In the Waring Case, supra, and think we should do so here. There... | |
 | Civil procedure - 1903 - 992 pages
...Territory, n Okla. 438. See also CHANGE OK VENUK. Rehearing. — Granting or refusing a rehearing is within the discretion of the court to which the application is made, and hence error in refusing to grant such a motion is not cause for reversal. US v. Rio Grande Dam,... | |
 | Law reports, digests, etc - 1910 - 1170 pages
...set-off. 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...the application should be made in equity, and the matter should be controlled by equitable principles. 2 Black on Judgments, § 1000. While in the case... | |
 | Law reports, digests, etc - 1910 - 1328 pages
...were, in our judgment, the subject of set-off. Whether mutual judgments should be set off and satiefled in that way, rather than by the ordinary method of...the application should be made in equity, and the matter should be on Judgments, § 1000. While in the case at bar it is disclosed that different parties... | |
 | Law reports, digests, etc - 1910 - 1304 pages
...proceedings to review franchise taxes should be changed, on the application of the Attorney General, is within the discretion of the court to which the application Is made. [Ed. Note. — For other cases, see Taxation, Dec. Dig. § 496.*] 2. TAXATION (§ 496*) — REVIEW... | |
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