Reports of Cases Determined in the Supreme Court of the Territory of Utah, Volume 32 |
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Page vii
... fact , date and mode of service thereof ; the fact and date of the filing of the undertaking on appeal and that the same is in due form , and also that appellant has received a certified transcript of the record or that he has failed to ...
... fact , date and mode of service thereof ; the fact and date of the filing of the undertaking on appeal and that the same is in due form , and also that appellant has received a certified transcript of the record or that he has failed to ...
Page ix
... facts necessary for the consideration and determination of the points relied upon for a reversal , and shall make careful refer- ence to the abstract as to each of said facts , or the transcript when such fact is not contained in the ...
... facts necessary for the consideration and determination of the points relied upon for a reversal , and shall make careful refer- ence to the abstract as to each of said facts , or the transcript when such fact is not contained in the ...
Page 1
... fact on a counterclaim . 5. SAME - EVIDENCE - BURDEN OF PROOF . - Where the evidence was in- sufficient or there was no evidence in support of an issue raised , the findings of fact should be against the party on whom was the burden of ...
... fact on a counterclaim . 5. SAME - EVIDENCE - BURDEN OF PROOF . - Where the evidence was in- sufficient or there was no evidence in support of an issue raised , the findings of fact should be against the party on whom was the burden of ...
Page 4
... facts alleged in the counterclaim in favor of the de- fendants , and as therein alleged by them ; ( 4 ) in rendering ... fact raised by the pleadings . " ( Knight v . Roche , 56 Cal . 15. ) In Spotts v . IIanley , 85 Cal . 155 , 24 Pac ...
... facts alleged in the counterclaim in favor of the de- fendants , and as therein alleged by them ; ( 4 ) in rendering ... fact raised by the pleadings . " ( Knight v . Roche , 56 Cal . 15. ) In Spotts v . IIanley , 85 Cal . 155 , 24 Pac ...
Page 5
... well settled that con- clusions of law cannot be made to perform the office of find- ings . For a finding to be sufficient , either the ultimate fact must be found or facts from which the ultimate fact IMPLEMENT Co. v . CLEAVELAND . 5.
... well settled that con- clusions of law cannot be made to perform the office of find- ings . For a finding to be sufficient , either the ultimate fact must be found or facts from which the ultimate fact IMPLEMENT Co. v . CLEAVELAND . 5.
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Common terms and phrases
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.