Reports of Cases Determined in the Supreme Court of the Territory of Utah, Volume 32 |
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Results 1-5 of 56
Page xxii
... Express Cases , 117 U. S. 1 Easton v . Montgomery , 90 Cal . 307 Earl v . Dresser , 30 Ind . 11 F 40 .... 106 201 326 381 Fennessey v . Fennessey , 84 Ky . 519 Fire Assn . of Phila . v . Ruby , 60 Neb . 216 178 130 Frue v . Houghton , 6 ...
... Express Cases , 117 U. S. 1 Easton v . Montgomery , 90 Cal . 307 Earl v . Dresser , 30 Ind . 11 F 40 .... 106 201 326 381 Fennessey v . Fennessey , 84 Ky . 519 Fire Assn . of Phila . v . Ruby , 60 Neb . 216 178 130 Frue v . Houghton , 6 ...
Page 33
... express legislative authority for the trustees of the State agricultural college to take a bond from a contractor se- curing the payment for material and labor used in constructing a building , a bond taken by them for the benefit of ...
... express legislative authority for the trustees of the State agricultural college to take a bond from a contractor se- curing the payment for material and labor used in constructing a building , a bond taken by them for the benefit of ...
Page 35
... express promise , but beyond the exact and express promise so made he is not liable either by implication or construction or in- terpretation . As stated in the books , his liability is strict- issimi juris . Applying that rule in this ...
... express promise , but beyond the exact and express promise so made he is not liable either by implication or construction or in- terpretation . As stated in the books , his liability is strict- issimi juris . Applying that rule in this ...
Page 36
... express promise in the bond ; that is , in the obligation thereof , that the sureties will see that materialmen and laborers dealing with the contractor shall be paid , but where there is no such promise in the building contract ...
... express promise in the bond ; that is , in the obligation thereof , that the sureties will see that materialmen and laborers dealing with the contractor shall be paid , but where there is no such promise in the building contract ...
Page 42
... express terms to third par- ties who may become entitled to liens , to then hold that the bond shall be extended , so as to include those who are not en- titled to liens , is to read a condition into the bond other than expressed by the ...
... express terms to third par- ties who may become entitled to liens , to then hold that the bond shall be extended , so as to include those who are not en- titled to liens , is to read a condition into the bond other than expressed by the ...
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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.