PLEADING. 1. AMENDMENT-FAILURE TO SUBSCRIBE COMPLAINT. If a pleading is not subscribed as required by Comp. Laws 1907, sec. 2983, the court will, on objection, permit the party to cure the defects by subscribing it. West Mountain Lime & Stone Co. v. Danley, 218. 2. COMPLAINT SIGNATURE NECESSARY. Comp. Laws 1907, sec. 2983, requiring every complaint to be subscribed by the party or his attorney, and providing that, when a corporation is a party, the verification may be made by any officer thereof, if the complaint be verified, is sufficiently complied with if the complaint be verified by an officer of the corporation, and such verification be signed. West Mountain Lime & Stone Co. v. Danley, 218. 3. OBJECTION-WAIVER. The failure to subscribe a pleading such as the complaint, as required by Comp. Laws 1907, sec. 2983, is waived if timely objection be not taken thereto. West Mountain Lime & Stone Co. v. Danley, 218. PROCESS. RETURN-PRESUMPTION OF VERITY-AMENDMENT. Since the presumption that the return or proof of service speaks the truth as to the time and manner of service is not conclusive, it may be amended to conform to the facts. West Mountain Lime & Stone Co. v. Danley, 218. PUBLIC LANDS. 1. FAILURE TO COMPLY WITH PRE-EMPTION LAWS-EFFECT. Where a person had occupied public lands, but failed to file within three months after the land was surveyed his declaratory statement as was required by the pre-emption laws, the land became subject to disposition by the United States as before its occupancy. Rio Grande Western Ry. Co. v. Stringham, 113. 2. STATUTE TO WHOM IT APPLIES. Under Act Cong. March 3, 1875, c. 152, 18 Stat. 482 (U. S. Comp. St. 1901, p. 1568), providing that railroad companies may obtain the right of way over public lands on filing articles of incorporation, maps, etc., with the Secretary of the Interior within a specified time, a railroad company having built a road prior to the act may also take advantage of it. Rio Grande Western Ry. Co. v. Stringham, 113. 3. SECRETARY OF INTERIOR-RULING OF-STATUTE-EFFECT. A ruling of the Secretary of the Interior as to the application of Act Cong. March 3, 1875, c. 152, 18 Stat. 482 (U. S. Comp. St. 1901, p. 1568), could not be reviewed on appeal in a proceeding to quiet title. Rio Grande Western Ry. Co. v. Stringham, 113. 4. SAME. Where a railroad company which had constructed its road over public lands prior to the Act Cong. March 3, 1875, c. 152, 18 Stat. 482 (U. S. Comp. St. 1901, p. 1568), filed its articles of incorporation, maps, etc., after the passage of the act, their approval by the Secretary of the Interior determined that the act applied also to companies having constructed roads prior to the act. Rio Grande Western Ry. Co. v. Stringham, 113. 5. PATENT-PRIOR GRANT-PRESUMPTIONS. In the absence of a showing to the contrary, it will be presumed on appeal that a patent to public lands was issued subject to a railroad right of way which had been granted over the land. Rio Grande Western Ry. Co. v. Stringham, 113. 6. PRIOR GRANT OF RIGHT OF WAY-EFFECT OF SUBSEQUENT GRANT. Where the right of way over public lands had been granted to a railroad company, it could not subsequently be patented to another. Rio Grande Western Ry. Co. v. Stringham, 113. RAILROADS. See, also, "CARRIERS." 1. CROSSING ACCIDENT-DUTY OF TRAVELER. Rule stated in regard to duty of travelers attempting to cross railroad tracks. Bates v. San Pedro, L. A. & S. L. R. Co., 568. 2. SAME QUESTION OF LAW. Where reasonable men cannot differ upon the proposition that, if the traveler had looked or listened, he must have discovered the approaching train in time to have avoided a collision, the question of his negligence is one of law. Bates v. San Pedro, L. A. & S. L. R. Co., 568. 3. DUTIES TO ESTABLISH STATIONS-POWER OF COURTS. The statutes do not confer on the courts power to determine whether a carrier should or should not establish and maintain a depot or stopping place for the reception and discharge of passengers or freight, or either, at any particular place or places along its line of road. State v. Ogden Rapid Transit Co., 242. 4. REGULATION-DEPOTS. The Legislature held authorized within limits to direct at what places a carrier shall maintain depots or stopping places or it may confer the power to do so on some board, and regulations so established can be enforced by the courts. State v. Ogden Rapid Transit Co., 242. 5. SAME. Under ordinary circumstances, no inherent power is vested in the courts to control a carrier in its determination of the number of depots or stopping places that it will establish or maintain or in the selection of the places where it will establish and maintain them along its line of railroad. State v. Ogden Rapid Transit Co., 242. 6. DUTIES TO STOP TO RECEIVE AND DISCHARGE PASSENGERS. The duties imposed on carriers by Comp. Laws 1907, sec. 449, to furnish accommodations for passengers and freight, held to be discharged by carriers at depots or stopping places duly established. State v. Ogden Rapid Transit Co., 242. 7. TRAIN SERVICE-DISCRIMINATION. Under Comp. Laws 1907, sec. 445, and independent thereof, an interurban railway company held not guilty of discrimination. State v. Ogden Rapid Transit Co., 242. 8. FOREIGN Corporations—SERVICE OF PROCESS. A person held one upon whom service of process against a foreign corporation could be had, under Comp. Laws 1907, sec. 2948. Bristol v. Brent, 58. REPLEVIN. SUFFICIENCY OF EVIDENCE. Judgment for defendant in replevin held unauthorized on a bill of sale not connected with the title of plaintiff, shown to have owned the property and not shown to have parted with title. Hydraulic Cement Block Co. v. Christensen, 525. 630 STATUTES CITED, CONSTRUED, OR APPLIED. [38 Utah SALES. 1. CONSTRUCTION OF CONTRACT-PRICE "BALANCE." Contract for sale of a half interest in a barber shop construed in respect to the purchase price to be paid. Halverson v. Walker, 264. 2. SAME EVIDENCE. The purchase price as stated in a memorandum of agreement for the sale of a half interest in a barber shop held, under the evidence, to be the full price that the seller was to receive for the furniture and fixtures, the lease of the building, and the good will of the business. Halverson v. Walker, 264. STATUTES. 1. AMENDMENT-VALIDITY. Laws 1899, c. 56, held to violate Const. art. 6, sec. 22, in so far as it authorizes district attorneys to sign and file informations in criminal prosecutions, instead of county attorneys. Connors v. Pratt, 258. 2. CONSTRUCTION-STATUTES IN PARI MATERIA. The negotiable instrument act is not in pari materia with the statute relating to mortgage foreclosure proceedings not relating to the same general subject-matter. Utah Nat. Bank of Salt Lake City v. Nelson, 169. Section 449, Railroads to transport all freight and pas- Section 686x17, City courts. Motion for new trial. Appeal. 385 Section 1576, Negotiable instruments. 290 93 249 Consideration pre Section 1611, Same. Holder in due course presumed... Section 168x13, Pardons, State Board. 352 Reduction of sen Section 2489, Statutes in derogation of common law liberally construed. Rules of equity prevail.. 227 Section 2621, Taxes. Sale for delinquency. Record 487 Section 2623, Same. Certificate. Sale to county. Auditor's 487 Section 2883, Same. 477 Actions for relief not provided for. Four years 480 Section 2946, Same. Section 3167, Same. manded or case Action tried by court unless jury de- 284 Section 3168, Same. Decision of court; when filed. Modifi- cation of findings 284 Section 3179, Same. Failure to answer, etc., judgment by default; verification of complaint; reference; damages. 329 340 Section 3334, Same. Appearance defined. After appearance, 446 Section 3412, Same. Witnesses. Who may be. Jury ex- clusive judges of credibility 400 400 Section 3414, Same. Privileged communications and rights 400 Section 3511, Same. Action to determine adverse claim.... 486 granted Section 3744, Same. Justices' Courts. Appeal within thirty Section 3757, Same. Justice to keep docket. Entries. 276 284 Section 4042, Same. Trial by court. Jury trial. Reference.. 284 31 Section 5013, Same. Reported testimony used on subsequent 397 Section 5015, Same. Defendant's failure to testify not to Article 1, Section 22, Private property for public use.... 479 STOCK AND STOCKHOLDERS. See "CORPORATIONS." STREET RAILROADS. 1. CONTRIBUTORY NEGLIGENCE OF PERSON INJURED CROSSING IN FRONT OF APPROACHING CAR-DUTY TO USE SENSES AND FACULTIES. Acts of person attempting to cross a street car track held to constitute contributory negligence as a matter of law. Pratt v. Utah Light & Ry. Co., 500. 2. ACTIONS FOR INJURIES-QUESTIONS FOR JURY-PERSONS CROSSING TRACK-PROXIMATE CAUE. Circumstances making it the duty of the court to instruct on proximate cause as a matter of law stated. Pratt v. Utah Light & Ry. Co., 500. TAXATION. 1. PERSONAL PROPERTY-LEGAL ASSESSMENT-TAXES-CONSTRUCTION -STATUTE. Under Const., art. 13, sec. 10, and Comp. Laws 1907, sec. 15, where a band of sheep had at no time during the period for which taxes were assessed been within the territorial limits of a city, they were not taxable therein. Murdock v. Murdock, 373. 2. ANSWER- -GENERAL DENIAL-WAIVER. In an action to recover personal taxes paid under protest, defendant held to have waived formal proof as to protest. Murdock v. Murdock, 373. 3. PAYMENT UNDER PROTEST-FORM. An oral protest made under Comp. Laws 1907, sec. 2684, at the time of paying the taxes to the collecting officer and by him entered on the record, is sufficient. Murdock v. Murdock, 373. 4. CERTIFICATE OF SALE-TIME FOR ISSUANCE. not invalid because of delay in issuance secs. 2621, 2623). Bruno v. Madson, 485. TRIAL. Tax certificate held (Comp. Laws 1907, 1. FINDINGS-CONFORMITY TO ISSUES. Findings outside the issues and contrary to the theory on which an action is based are improper. Kimball v. Success Mining Co., 78. 2. SAME-DUTY TO MAKE. On motion to amend a return of process, held that the court should have made findings of fact. West Mountain Lime & Stone Co. v. Danley, 218. 3. SAME CONCLUSIVENESS. A finding that it affirmatively appears from the record that summons was not served and the complaint was not deposited with the clerk is not necessarily equivalent to a finding that such acts were not done. West Mountain Lime & Stone Co. v. Danley, 218. 4. SAME-ULTIMATE FACTS-CONCLUSIONS OF LAW. A finding that a note was executed for a valuable consideration held a finding of an ultimate fact and not a conclusion of law. Utah Nat. Bank of Salt Lake City v. Nelson, 169. 5. SAME EQUITY CASE. The parties held precluded from insisting after verdict that the issues arising under the crosscomplaint and answers thereto which were submitted to the jury generally as an ordinary legal action be treated as special issues submitted in an equitable action. Naylor v. Jensen, 310. |
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