Reports of Cases Determined in the Supreme Court of the Territory of Utah, Volume 9 |
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Results 1-5 of 37
Page 5
... present , and conducted the trial , which lasted several days . At the close of the trial , arguments of the respective counsel were made , and the case was finally submitted to the court without a jury , for its determination . The ...
... present , and conducted the trial , which lasted several days . At the close of the trial , arguments of the respective counsel were made , and the case was finally submitted to the court without a jury , for its determination . The ...
Page 21
... present said there were enough men to carry the poor woman . ' This ruling was excepted to . This state- ment as to what a bystander said is hearsay , and should not have been admitted . The effect of allowing this state- ment of a ...
... present said there were enough men to carry the poor woman . ' This ruling was excepted to . This state- ment as to what a bystander said is hearsay , and should not have been admitted . The effect of allowing this state- ment of a ...
Page 28
... present on such land . This would mean that if at any time he should quit actual occupancy , and lease the land , even for causes beyond his control , he would forfeit all his improvements to the next occupant ; and it would be ...
... present on such land . This would mean that if at any time he should quit actual occupancy , and lease the land , even for causes beyond his control , he would forfeit all his improvements to the next occupant ; and it would be ...
Page 44
... present tracks , and to erect additional poles , which would still further obstruct the ordinary travel , and render the respondents ' property less accessible for business purposes . The tracks already upon said street afford ample ...
... present tracks , and to erect additional poles , which would still further obstruct the ordinary travel , and render the respondents ' property less accessible for business purposes . The tracks already upon said street afford ample ...
Page 92
... presents are made upon the express conditions , that if the said party of the first part shall pay or cause to be paid to each of the said second parties , its and his representatives and assigns , the sums and amounts above named and ...
... presents are made upon the express conditions , that if the said party of the first part shall pay or cause to be paid to each of the said second parties , its and his representatives and assigns , the sums and amounts above named and ...
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Common terms and phrases
action affidavit affirmed agreement alleged amount appeal assignment attorney authority BARTCH caboose capital stock cars cause charge claim Comp complaint concurred contempt contract contributory negligence corporation counsel creditors damages decree deed defendant defendant's demurrer district court easements entitled error escheat evidence execution facts filed follows fraud Gardo House held injury judge judgment jury justice land liable lien ment Messrs MINER mortgage motion N. W. Rep negligence objection offense Ogden opinion order refusing owner paid party payment person plaintiff possession probate court promissory note question Railroad Railroad Co Railway Railway Co record recover Reed and Cropper respondent Rice and Gelder rule Salt Lake City SMITH statement statute street suit supreme court Territory Territory of Utah testimony thereof third district tickets tion track train trial trial by jury Utah Utah Territory verdict witness writ ZANE
Popular passages
Page 67 - The right of trial by jury shall be secured to all, and remain inviolate ; but in civil actions three-fourths of the jury may render a verdict.
Page 4 - ... 2. A statement of any new matter constituting a defense or counterclaim, in ordinary and concise language, without repetition." See. 171. The counterclaim mentioned in the last section must be one existing in favor of a defendant and against a plaintiff, between whom a several judgment might be had in the action, and arising out of one of the following causes of action: "1.
Page 233 - Although the defendant's negligence may have been the primary cause of the injury complained of, yet an action for such injury cannot be maintained if the proximate and immediate cause of the injury can be traced to the want of ordinary care and caution in the person injured, subject to this qualification, which has grown up in recent years (having been first enunciated in Davies v.
Page 86 - In case of any other transfer of interest, the action may be continued in the name of the original party, or the court may allow the person to whom the transfer is made to be substituted in the action.
Page 205 - No irregularity or improper conduct in the proceedings of the judges, or any of them, is such malconduct as avoids an election, unless the irregularity or improper conduct is such as to procure the person whose right to the office is contested to be declared elected when he had not received the highest number of legal votes.
Page 349 - I believe quite correctly, that "the rule of law is laid down with perfect correctness in the case of Butterfield v. Forrester, that, although there may have been negligence on the part of the plaintiff, yet unless he might, by the exercise of ordinary care, have avoided the consequences of the defendant's negligence, he is entitled to recover; if by ordinary care he might have avoided them, he is the author of his own wrong.
Page 361 - That whenever by priority of possession rights to the use of water for mining, agricultural, manufacturing, or other purposes have vested and accrued and the same are recognized and acknowledged by the local customs, laws, and the decisions of courts, the possessors and owners of such vested rights shall be maintained and protected in the same, and the right of way for the construction of ditches and canals for the purposes herein specified is acknowledged and confirmed...
Page 232 - ordinary care," 'reasonable prudence,' and such like terms, as applied to the conduct and affairs of men, have a relative significance, and cannot be arbitrarily defined. What may be deemed ordinary care in one case may, under different surroundings and circumstances, be gross negligence. The policy of the law has relegated the determination of such questions to the jury, under proper instructions from the court. It is their province to note the...
Page 251 - When a given state of facts is such that reasonable men may fairly differ upon the question as to whether there was negligence or not, the matter is for the jury.
Page 4 - Whenever the defendant seeks affirmative relief against any party, relating to or depending upon the contract, transaction, matter, happening or accident upon which the action is brought, or affecting the property to which the action relates...