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affirmed agent alleged amended amount appeal application April assignment attorney authority automobile bank bond carrier cause of action charged City claim Code Colo common carrier complaint contract counsel court of equity creditors damages deceased decree deed defendant in error defendant's demurrer dence denied Digests and Indexes District Court entitled equity evidence execution fact fendant filed fraud fund held instructions Insurance Company interest Judge judgment jurisdiction jury Justice Key-Numbered Digests King County land liability lien ment mortgage motion negligence ordinance paid party pawnbrokers payment person petition plaintiff in error proceeding purchase question quiet title reason replevin respondent rule statute Superior Court supersedeas bond Supreme Court surety Surety Company testified testimony thereof tiff tion topic and KEY-NUMBER trial court trust Utah verdict W. O. Mitchell Wash wife witness writ Yuma County
Side 346 - In case of the death, or other disability, of a party, the court, on motion, may allow the action to be continued by or against his representative or successor in interest. 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 419 - Judge prove adverse, contradict him by other evidence, or, by leave of the Judge, prove that he has made at other times a statement inconsistent with his present testimony ; but before such last-mentioned proof can be given, the circumstances of the supposed statement, sufficient to designate the particular occasion, must be mentioned to the witness, and he must be asked whether or not he has made such statement.
Side 72 - Where two parties have made a contract which one of them has broken, the damages which the other party ought to receive in respect of such breach of contract should be such as may fairly and reasonably be considered either arising naturally — ie, according to the usual course of things, from such breach of contract itself...
Side 38 - For the recovery of real property, or of an estate or interest therein, or for the determination, in any form, of such right or interest, and for injuries to real property; "2.
Side 114 - Together with all and singular the tenements, hereditaments, and appurtenances thereunto belonging, or in anywise appertaining, and the reversion and reversions, remainder and remainders, rents, issues, and profits thereof...
Side 391 - The detriment caused by the breach of an agreement to . convey an estate in real property, is deemed to be the price paid, and the expenses properly incurred in examining the title and preparing the necessary papers, with interest thereon; but adding thereto, in case of bad faith, the difference between the price agreed to be paid and the value of the estate agreed to be conveyed, at the time of the breach, and the expenses properly incurred in preparing to enter upon the land.
Side 154 - Extortion is the obtaining of property from another with his consent, induced by a wrongful use of force, or fear, or under color of official right.
Side 436 - No law shall be revived, amended, or the provisions thereof extended or conferred, by reference to its title only, but so much thereof as is revived, amended, extended or conferred shall be reenacted and published at length.
Side 95 - An action against a Sheriff, Coroner or Constable, upon a liability incurred by the doing of an act in his official capacity, and in virtue of his office, or by the omission of an official duty, including the non-payment of money collected upon an execution. But this Section shall not apply to an action for an escape.
Side 231 - To bring a person within the description of a common carrier he must exercise it as a public employment: he must undertake to carry goods for persons generally; and he must hold himself out as ready to engage in the transportation of goods for hire, as a business, not as a casual occupation pro hoc vice.