Reports of Cases Decided in the Supreme Court of the State of Utah, Volum 26
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, William S. Dalton, Alonzo Blair Irvine, H. Arnold Rich, Harmel L. Pratt
A. L. Bancroft, 1904
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accident action adverse possession alleged amount answer appellant application authority cause cause of action circumstances City claim complaint condition Constitution construction contract damages death deceased decree defendant delivered determine direct District Court duty effect election entered entitled error evidence existence fact favor filed findings follows Gibbs give given grant ground held husband injury intention interest issue Judge judgment jurisdiction jury Justice land limits marriage material matter mining Morrison motion negligence notice objection opinion paid parties peace permit person plaintiff possession present proceedings question railroad reason received record referred relating respecting respondent result Revised Statutes rule says Snow statement suit testified testimony thereof tion track trial tried United Utah venue wife witness
Side 305 - ... death had not ensued) have entitled the party injured to maintain an action and recover damages in respect thereof, then and in every such case the person who would have been liable if death had not ensued shall be liable to an action for damages, notwithstanding the death of the person injured, and although the death shall have been caused under such circumstances as amount in law to felony.
Side 306 - Be it therefore enacted, that whensoever the death of a person shall be caused by wrongful act, neglect or default, and the act, neglect or default is such as would (if death had not ensued) have entitled the party injured to maintain an action and recover damages in respect thereof...
Side 484 - 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 427 - ... where the jurisdiction is founded only on the fact that the action is between citizens of different States, suit shall be brought only in the district of the residence of either the plaintiff or the defendant...
Side 24 - Where such person or association, they and their grantors, have held and worked their claims for a period equal to the time prescribed by the statute of limitations for mining claims of the .State or Territory where the same may be situated, evidence of such possession and working of the claims for .such period shall be sufficient to establish a right to a patent thereto under this chapter and sections 71 to 76 of this title, in the absence of any adverse claim...
Side 484 - In case of any other transfer of interest, the action or proceeding 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 or proceeding.
Side 199 - A husband cannot be examined for or against his wife without her consent; nor a wife for or against her husband without his consent; nor can either, during the marriage or afterward, be, without the consent of the other, examined as to any communication made by one to the other during the marriage...
Side 83 - When from any cause the summons in an action has not been personally served on the defendant, the Court may allow, on such terms as may be just, such defendant or his legal representative, at any time within one year after the rendition of any judgment in such Amend- 473.
Side 115 - The court may before or after judgment, in furtherance of justice and on such terms as may be proper, amend any pleading or proceeding, by adding or striking out the name of any party; or by correcting a mistake in the name of a party, or a mistake in any other respect...