Reports of Cases Determined in the Supreme Court of the Territory of Utah, Volume 35 |
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Results 1-5 of 53
Page 22
... verdict . After the verdict was returned , the court computed interest at the legal rate upon the whole amount , to wit , $ 2,750 from the date that re- spondent took possession of the condemned strip and entered judgment accordingly ...
... verdict . After the verdict was returned , the court computed interest at the legal rate upon the whole amount , to wit , $ 2,750 from the date that re- spondent took possession of the condemned strip and entered judgment accordingly ...
Page 62
... verdict and that the verdict is against law ; and ( 2 ) error in law occurring at the trial and excepted to by the plaintiff . On the 11th day of May , nearly a month after the time had expired in which to serve and file a notice of ...
... verdict and that the verdict is against law ; and ( 2 ) error in law occurring at the trial and excepted to by the plaintiff . On the 11th day of May , nearly a month after the time had expired in which to serve and file a notice of ...
Page 63
... verdict , or that the verdict is contrary to and against the evidence . At the out- set counsel for respondent has challenged our authority to review such a question because the matter was not sufficiently assigned as error to entitle ...
... verdict , or that the verdict is contrary to and against the evidence . At the out- set counsel for respondent has challenged our authority to review such a question because the matter was not sufficiently assigned as error to entitle ...
Page 64
... verdict or decision ; ( 7 ) error in law occurring at the trial -- a general assignment that the court erred in overruling the motion would bring before us for review , not only all portions of the charge to which exceptions had been ...
... verdict or decision ; ( 7 ) error in law occurring at the trial -- a general assignment that the court erred in overruling the motion would bring before us for review , not only all portions of the charge to which exceptions had been ...
Page 65
... verdict or decision on appeal to be assailed on a mere general assignment of insufficiency of evidence without a specification of particulars is tantamount to allow an ap- 35 Utah - 5 pellant to assert that he is not prepared to say ...
... verdict or decision on appeal to be assailed on a mere general assignment of insufficiency of evidence without a specification of particulars is tantamount to allow an ap- 35 Utah - 5 pellant to assert that he is not prepared to say ...
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Common terms and phrases
33 Utah action adverse possession agent agreement alleged appellant appellant's assignment attorney authority bill of exceptions bonds Box Elder county Brigham City Budge cause circumstances claim Comp complaint Constitution contract contributory negligence Conway corporation counsel damages deceased deed default defect defendant defendant's dence district court duty election engine error evidence executed facts franchise FRICK garnishment proceedings Granger ground held injury issue J. Y. Rich judgment judgment debtor jurisdiction jury justice land liability Logan City matter ment motion negligence notice operation ordinary Oregon Short Line owner paid parties payment perjury person Peterson plaintiff possession purchase purpose question quiet title railroad company reason record recover refused respondent respondent's rule Salt Lake City Salt Lake county statute STRAUP street sufficient testified thereof tion track train orders trial court Utah Light verdict Wilson witness writ
Popular passages
Page 269 - We may lay it down as a broad general principle, that, wherever one of two innocent persons must suffer by the acts of a third, he who has enabled such third person to occasion the loss must sustain it.
Page 460 - Every holder is deemed prima facie to be a holder in due course; but when it is shown that the title of any person who has negotiated the instrument was defective, the burden is on the holder to prove that he or some person under whom he claims acquired the title as a holder in due course.
Page 495 - The court shall, in every stage of an action, disregard any error or defect in the pleadings or proceedings which shall not affect the substantial rights of the adverse party, and no judgment shall be reversed or affected by reason of such error or defect.
Page 279 - Ostensible authority is such as a principal, intentionally or by want of ordinary care, causes or allows a third person to believe the agent to possess.
Page 217 - ... any demand which may be established against the defendant by the final judgment of the court. But if there is no appearance of the defendant, and no service of process on him, the case becomes in its essential nature a proceeding in rem, the only effect of which is to subject the property attached to the payment of the demand which the court may find to be due to the plaintiff.
Page 589 - The Legislature shall not pass any laws permitting the leasing or alienation of any franchise, so as to relieve the franchise or property held thereunder from the liabilities of the lessor or grantor, lessee or grantee, contracted or incurred in the operation, use, or enjoyment of such franchise, or any of its privileges.
Page 311 - Franklin circuit court, for $20,000.00 damages for the death of his intestate, alleged to have been caused by the negligence of...
Page 283 - But it is urged that this case falls within the general principle which has become a maxim of law, that when one of two innocent persons must suffer by the acts of a third, he who has enabled such third person to occasion the loss, must sustain it.
Page 43 - There is no presumption in this country that every person knows the law; it would be contrary to common sense and reason, if it were so.
Page 455 - Where a signature is forged or made without the authority of the person whose signature it purports to be, it is wholly inoperative, and no right to retain the instrument, or to give a discharge therefor, or to enforce payment thereof against any party thereto, can be acquired through or under such signature, unless the party against whom it is sought to enforce such right is precluded from setting up the forgery or want of authority.