Reports of Cases Determined in the Supreme Court of the Territory of Utah, Volume 32 |
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Page 18
... matter of appeals with ref- erence to original jurisdiction of both the district and jus- tices ' courts was the subject - matter under consideration , and that is plainly the reason why it is there provided that ap- peals may be taken ...
... matter of appeals with ref- erence to original jurisdiction of both the district and jus- tices ' courts was the subject - matter under consideration , and that is plainly the reason why it is there provided that ap- peals may be taken ...
Page 19
... matters ; and ( 3 ) from justices ' courts to district courts . In all other cases , while the appellate jurisdiction ... matter under consideration . That the right of dis- trict courts to have concurrent jurisdiction with inferior ...
... matters ; and ( 3 ) from justices ' courts to district courts . In all other cases , while the appellate jurisdiction ... matter under consideration . That the right of dis- trict courts to have concurrent jurisdiction with inferior ...
Page 20
... matter was thoroughly considered by us before the decision in the Garcia Case supra , was announced , it was not then deemed necessary to enlarge upon the sub- ject any further than was done in the opinion in that case . In view ...
... matter was thoroughly considered by us before the decision in the Garcia Case supra , was announced , it was not then deemed necessary to enlarge upon the sub- ject any further than was done in the opinion in that case . In view ...
Page 25
... matter inquired into . We think the ruling was right , and therefore this assignment cannot be sustained . Another assignment of error is that the court , over the objection of appellant , permitted a witness to testify respect- ing the ...
... matter inquired into . We think the ruling was right , and therefore this assignment cannot be sustained . Another assignment of error is that the court , over the objection of appellant , permitted a witness to testify respect- ing the ...
Page 30
... matter of necessity , a violation of such law or ordinance constitutes negligence . In any case the standard is usually defined as that degree of care that men of ordinary care and prudence usually exer- cise . But , when the standard ...
... matter of necessity , a violation of such law or ordinance constitutes negligence . In any case the standard is usually defined as that degree of care that men of ordinary care and prudence usually exer- cise . But , when the standard ...
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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.