Reports of Cases Decided in the Supreme Court of the State of Utah, Volum 21
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, Harmel L. Pratt, Alonzo Blair Irvine, William S. Dalton, H. Arnold Rich
A. L. Bancroft, 1901
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action agent agreed agreement alleged amount answer appeal apply appropriation assessment authority Bank cause charge cited City claim complaint considered constitution contract corporation costs County credits debts Decided decision deducted deed defendant determine directors district court duty entered entitled equity evidence execution facts filed final findings follows fraud given grant ground held homestead instructions interest issued Judge judgment jurisdiction jury justice land levy license lien limits loan ment mortgage motion natural negligence notes objection opinion owner paid parties payment perform person plaintiff possession proceedings question real estate reason received record referred refused regulation rendered respondent rule Salt Lake schools shares statute stockholders taken testimony thereof tion trial unless Utah void writ
Side 181 - 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.
Side 289 - A writ of review may be granted by any court, except a police or justice's court, when an inferior tribunal, board, or officer, exercising judicial functions, has exceeded the jurisdiction of such tribunal, board, or officer, and there is no appeal, nor, in the judgment of the court, any plain, speedy, and adequate remedy.
Side 290 - Where a court has jurisdiction, it has a right to decide every question which occurs in the cause, and whether its decision be correct or otherwise, its judgment, until reversed, is regarded as binding in every other court.
Side 344 - ... authority of the State within which the association is located; but the legislature of each State may determine and direct the manner and place of taxing all the shares of national banking associations located within the State, subject only to the two restrictions, that the taxation shall not be at a greater rate than is assessed upon other moneyed capital in the hands of individual citizens of such State, and that the shares of any national banking association owned by non-residents of any State...
Side 76 - No variance between the allegation in a pleading and the proof is to be deemed material, unless it has actually misled the adverse party to his prejudice in maintaining his action or defense upon the merits.
Side 56 - It may be apparent from the intrinsic nature and subject of the bargain itself; such as no man in his senses and not under delusion would make on the one hand, and as no honest and fair man would accept on the other...
Side 334 - The general assembly shall provide such revenue as may be needful by levying a tax, by valuation, so that every person and corporation shall pay a tax in proportion to the value of his, her or its property...
Side 107 - The writ of mandamus may be denominated the writ of mandate.— 1873-345. 1085. It may be issued by any court, except a justice's or police court, to any inferior tribunal, corporation, board, or person, to compel the performance of an act which the law specially enjoins, as a duty resulting from an office, trust, or station...
Side 188 - They shall also constitute a board of examiners, with power to examine all claims against the State, except salaries or compensation of officers fixed by law, and perform such other duties as may be prescribed by law. And no claim against the State, except salaries and compensation of officers fixed by law, shall be passed upon by the Legislature without first having been considered and acted upon by said board.