Reports of Cases Decided in the Supreme Court of the State of Utah, Volume 5
Utah. Supreme Court, Albert Hagan, John Augustine Marshall, John Maxcy Zane, James A. Williams, Joseph M. Tanner, George L. Nye, John Walcott Thompson, August B. Edler, Alonzo Blair Irvine, Harmel L. Pratt, William S. Dalton, H. Arnold Rich
A. L. Bancroft, 1890 - Law reports, digests, etc
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action alleged amount answer apex appellant application assigned authority Bank bill cause charge church claim cohabitation complaint Congress consideration considered continued contract conveyed corporation costs counsel decree deed defendant district court ditch duty effect equity error Eureka evidence execution exist facts filed further give given granted ground held hold indictment intended interest issue judgment jurisdiction jury justice land limited lines lode March matter means ment mining motion necessary objection offense offer opinion paid party passed person plaintiff possession present presumption proceedings proper question reason receiver record referred refusing relation respondent rule side statute sufficient suit supreme court surface taken term territory testimony thereof tion trial trust United vein whole wife witnesses
Page 339 - ... there shall be in this State hereafter, but one form of action, for the enforcement or protection of private rights and the redress or prevention of private wrongs, which shall be denominated a civil action.
Page 560 - ... as near as may be, to the practice, pleadings and forms and modes of proceeding existing at the time in like causes in the courts of record of the State within which such circuit or district courts are held, any rule of court to the contrary notwithstanding.
Page 52 - A mining claim located after the tenth day of May, eighteen hundred and seventy-two, whether located by one or more persons, may equal, but shall not exceed, one thousand five hundred feet in length along the vein or lode but no location of a mining claim shall be made until the discovery of the vein or lode within the limits of the claim located.
Page 556 - ... and each of the said district courts shall have and exercise the same jurisdiction, in all cases arising under the constitution and laws of the United States...
Page 603 - We are of opinion, therefore, on principle as well as authority, that whenever a question arises in a court of law of the existence of a statute, or of the time when a statute took effect, or of the precise terms of a statute, the judges who are called upon to decide it have a right to resort to any source of information which in its nature is capable of conveying to the judicial mind a clear and satisfactory answer to such question; always seeking first for that which in its nature is most appropriate,...
Page 167 - If, however, it appears from the examination that a public offense has been committed, and there is sufficient cause to believe the defendant guilty thereof...
Page 51 - ... to file in the local Land Office a diagram of the same, so extended, laterally or otherwise, as to conform to the local laws, customs, and rules of miners, and to enter such tract and receive a patent therefor, granting such mine, together with the right to follow such vein or lode, with its dips, angles, and variations, to any depth, although it may enter the land adjoining, which land adjoining shall be sold subject to this condition.
Page 163 - ... undertake that the above named will appear and answer the charge above mentioned, in whatever court it may be prosecuted, and will at all times hold himself amenable to the orders and process of the court, and if convicted, will appear for judgment and render himself in execution thereof, or if he fails to perform either of these conditions, that we will pay to the people of the state of California the sum of dollars (inserting the sum in which the defendant is admitted to bail).
Page 284 - The jurisdiction of the several courts herein provided for, both appellate and original, and that of the probate courts and of justices of the peace, shall be as limited by law: Provided, That justices of the peace shall not have jurisdiction of any matter in controversy when the title or boundaries of land may be in dispute...
Page 560 - They are legislative courts, created in virtue of the general right of sovereignty which exists in the government, or in virtue of that clause which enables congress to make all needful rules and regulations respecting the territory belonging to the United States.