Reports of Cases Decided in the Supreme Court of the State of Utah, Volum 27
Utah. Supreme Court, Albert Hagan, John Augustine Marshall, John Maxcy Zane, James A. Williams, John Walcott Thompson, Joseph M. Tanner, George L. Nye, William S. Dalton, August B. Edler, H. Arnold Rich, Alonzo Blair Irvine, Harmel L. Pratt
A. L. Bancroft, 1904
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27 Utah adverse claim affidavit affirmed alleged appellant arbitrators attorney autrefois acquit award bank BASKIN Botha brake cars cause of action charge complaint concur Constitution contract contributory negligence corporation creditors Creechley damages deceased defendant's demurrer ditch Dooly duty evidence facts fendant filed Freckleton Garff Gilmer grant ground guilty held injury instructions James Malloy Judge judgment in favor jurisdiction jurors jury Justice Bartch lien loan matters McCARTY ment mining claim mining company Monroe Salisbury Morgan Mortensen mortgage motion nonsuit opinion overruled owner parties payment person plaintiff plea pleaded proceedings provides purchase purpose question railroad reasonable record recover res judicata respondent Revised Statutes 1898 rule Salt Lake City Salt Lake County Smith Snow stope testified testimony thereof tiff tion trial court trust verdict Weber County witness
Side 114 - ... all proceedings, except the publication of notice and making and filing of the affidavit thereof, shall be stayed until the controversy shall have been settled or decided by a court of competent jurisdiction, or the adverse claim waived.
Side 400 - The common business and callings of life, the ordinary trades and pursuits, which are innocuous in themselves, and have been followed in all communities from time immemorial, must, therefore, be free in this country to all alike upon the same conditions. The right to pursue them, without let or hindrance, except that which is applied to all persons of the same age, sex, and condition, is a distinguishing privilege of citizens of the United States, and an essential element of that freedom which they...
Side 381 - Misconduct of the jury; and whenever any one or more of the jurors have been induced to assent to any general or special verdict, or to a finding on any question submitted to them by the court, by a resort to the determination of chance, such misconduct may be proved by the affidavit of any one of the jurors; 3.
Side 192 - Except general appropriation bills, and bills for the codification and general revision of laws, no bill shall be passed containing more than one subject, which shall be clearly expressed in its title.
Side 445 - ... subject to the use of the United States for postal, military, naval, and all other Government service, and also subject to such regulations as Congress may impose restricting the charges for such Government transportation...
Side 405 - To justify the state in thus interposing its authority in behalf of the public it must appear, first, that the interests of the public generally, as distinguished from those of a particular class, require such interference ; and, second, that the means are reasonably necessary for the accomplishment of the purpose and not unduly oppressive upon individuals.
Side 465 - In consideration of the use of the union trade label of the party of the second part, the party of the first part agrees to abide by the following rules and conditions governing the same: 1.
Side 430 - Negligence is the failure to do what a reasonable and prudent person would ordinarily have done under the circumstances of the situation, or doing what such a person, under the existing circumstances, would not have done.
Side 375 - Every tax has the effect of a Judgment against the person, and every lien created by this title has the force and effect of an execution duly levied against all property of the delinquent; the judgment is not satisfied nor the lien removed until the taxes are paid or the property sold for the payment thereof.