Reports of Cases Decided in the Supreme Court of the State of Utah, Volum 50
Utah. Supreme Court, Albert Hagan, John Augustine Marshall, John Maxcy Zane, James A. Williams, Joseph M. Tanner, Harmel L. Pratt, George L. Nye, John Walcott Thompson, August B. Edler, Alonzo Blair Irvine, William S. Dalton, H. Arnold Rich
A. L. Bancroft, 1919
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50 Utah affirmed agreed agreement alleged amount answer Appeal Appeal from Salt application assignment authorities bank cars cause of action charge cited City claim Coal Comp complaint conclusions condition consideration constitute contended contract corporation costs counsel damages deceased defendant defendant's denied determine direct district court duty effect entered entitled error evidence executed fact failed favor filed findings follows further given ground held injury interest issue judgment jury land lease matter mining mortgage motion necessary negligence officers opinion owner paid parties payment person plaintiff pleadings possession premises present purchase question railroad reason received record recover referred refused respecting respondent rule Salt Lake Salt Lake City Salt Lake County statute sufficient testimony thereof Third District tion track train trial witness
Side 89 - A cause of action arising out of the contract or transaction set forth in the complaint as the foundation of the plaintiff's claim, or connected with the subject of the action.
Side 160 - No will shall be proved as a lost or destroyed will unless the same is proved to have been in existence at the time of the death of the testator, or is shown to have been fraudulently destroyed in the lifetime of the testator, nor unless its provisions are clearly and distinctly proved by at least two credible witnesses.
Side 240 - ... shall be taken as true unless the denial of the same be verified by the affidavit of the party, his agent or attorney.
Side 138 - In an action for libel or slander, it is not necessary to state in the complaint, any extrinsic facts, for the purpose of showing the application to the plaintiff, of the defamatory matter out of which the cause of action arose ; but it is sufficient to state generally, that the same was published or spoken concerning the plaintiff, and if such allegation be controverted, the plaintiff must establish, on the trial, that it was so published or spoken.
Side 196 - No corporation shall engage in any business other than that expressly authorized in its charter nor shall it take or hold any real estate except such as may be necessary and proper for its legitimate business.
Side 572 - There can be but one action for the recovery of any debt, or the enforcement of any right, secured by mortgage upon real estate or personal property ; which action must be in accordance with the provisions of this chapter.
Side 37 - In the construction of a pleading, for the purpose of determining its effect, its allegations must be liberally construed, with a view to substantial justice between the parties.
Side 213 - The verdict of a jury is either general or special. A general verdict Is that by which they pronounce generally upon all or any of the issues, either in favor of the plaintiff or defendant: a special verdict is that by which the jury find the facts only, leaving the judgment to the court.
Side 172 - Plaintiff filed a reply admitting and denying certain allegations of new matter in the answer. The case was tried to a Jury, resulting in a verdict for plaintiff in the sum of $712.02, Including interest, for which sum judgment was entered.