Reports of Cases Determined in the Supreme Court of the Territory of Utah, Volume 32 |
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Results 1-5 of 70
Page 13
... benefits of that perform- ance , and encouraging it by partial performance on their part , now seek to avoid liability by claiming the benefits of the statute . That they should not be permitted to do this , see Crane v . Powell , 139 ...
... benefits of that perform- ance , and encouraging it by partial performance on their part , now seek to avoid liability by claiming the benefits of the statute . That they should not be permitted to do this , see Crane v . Powell , 139 ...
Page 33
... benefit of a third , an action will lie in the name of the beneficiary , though the contract is made without his knowledge and without consideration moving from him . ― 2. STATES CONTRACTS BONDS -BUILDING CONTRACTORS - RIGHTS OF ...
... benefit of a third , an action will lie in the name of the beneficiary , though the contract is made without his knowledge and without consideration moving from him . ― 2. STATES CONTRACTS BONDS -BUILDING CONTRACTORS - RIGHTS OF ...
Page 34
... benefit of a third person , an action will lie thereon at the instance and in the name of the party to be benefited , although the promise or contract was made without his knowledge and without any consideration moving from him ...
... benefit of a third person , an action will lie thereon at the instance and in the name of the party to be benefited , although the promise or contract was made without his knowledge and without any consideration moving from him ...
Page 37
... benefit of all persons who may become en- titled to liens under the said contract , according to the pro- visions of law in such cases made and provided , and may be sued upon by them as if executed to them in proper person . ' The ...
... benefit of all persons who may become en- titled to liens under the said contract , according to the pro- visions of law in such cases made and provided , and may be sued upon by them as if executed to them in proper person . ' The ...
Page 38
... benefit other persons of which plaintiff is one , and that such intention is apparent upon the face of the bond , and therefore plaintiff is entitled to maintain this action against them . On the contrary , it is asserted by respondents ...
... benefit other persons of which plaintiff is one , and that such intention is apparent upon the face of the bond , and therefore plaintiff is entitled to maintain this action against them . On the contrary , it is asserted by respondents ...
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agreement alleged amend amount APPEAL from District appellant appellant's articles of incorporation assessment attorney authority bill of exceptions cause of action cited claim complaint Constitution contract contributory negligence corporation counsel damages deceased deed default defendant defendant's demurrer district court duty engine entered entitled error evidence exemption fact fendant filed findings FRICK full-paid capital stock Garfield county grade granted held homestead injury instruction intestate judge judgment jurisdiction jury justice lease Legislature levy liable liens material issues MCCARTY ment mileage motion negligence notice party person plaintiff pleadings purpose question Railroad reason reserved power respect respondent respondent's Revised Statutes 1898 rule Salt Lake City Salt Lake county servant stockholders STRAUP sufficient sustained switch term testified thereof tion track train treasury stock trial court Utah vacate judgment verdict witness
Popular passages
Page 186 - Every such action shall be brought by and in the name of the personal representative of such deceased person...
Page 429 - States provides that full faith and credit shall be given in each state to the judicial proceedings of every other state.
Page 472 - Administration may be granted to one or more competent persons, although not otherwise entitled to the same, at the written request of the person entitled, filed in the court.
Page 341 - The question always is: Was there an unbroken connection between the wrongful act and the injury, a continuous operation? Did the facts constitute a continuous succession of events, so linked together as to make a natural whole, or was there sottfe new and Independent cause intervening between the wrong and the injury?
Page 68 - ... the plaintiff must recover upon the strength of his own title, and not upon the weakness of that of the defendant...
Page 188 - And where the testimony leaves the matter uncertain and shows that any one of half a dozen things may have brought about the injury, for some of which the employer is responsible and for some of which he is not, it is not for the jury to guess between these half a dozen causes and find that the negligence of the employer was the real cause, when there is no satisfactory foundation in the testimony for that conclusion.
Page 368 - ... then also against such other person. In every action under this and the preceding section such damages may be given as under all the circumstances of the case may be just.
Page 407 - ... to its own use to the damage of the plaintiff in the sum of $100,000 and interest at 6 per cent, from the date of the demand and refusal.
Page 206 - The true rule is that what is the proximate cause of an Injury is ordinarily a question for the jury. It is not a question of science or legal knowledge. It is to be determined as a fact, in view of the circumstances of fact attending It.
Page 66 - In ejectment, the plaintiff must recover, if at all, upon the strength of his own title and not upon the weakness of the title of the defendant.