Reports of Cases Decided in the Supreme Court of the State of Utah, Volum 25
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, 1903
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21 Utah 9 Utah affidavit Affirmed alleged appeal bank BARTCH BASKIN Burgitt cause of action celestial marriage charge church claim complaint concur Constitution contract contributory negligence corporation court erred court of equity creditors damages death deceased decree deed defendant defendant's divorce duty entitled error evidence executed favor fendant fraud furnished Garr grantor Herriman Irrigation Hilton injury instructions Jones Judge judgment judgment debtor jurisdiction juror jury land lien marriage material ment Messrs mortgage Nettie Stevens opinion Oregon Short Line owner parties person plaintiff pleadings power company purpose question Railroad Railway reason record respondent Reversed Revised Statutes Rio Grande Western rule Salt Lake City Salt Lake County Santaquin sealing ceremony sheep Short Line R. R. Silver King stream testified testimony therein Third District Court tiff tion transaction trial court tunnels verdict Weber County wife witness
Side 74 - ... 2. A statement of any new matter constituting a defense or counterclaim, in ordinary and concise language, without repetition." See. 171. The counterclaim mentioned in the last section must be one existing in favor of a defendant and against a plaintiff, between whom a several judgment might be had in the action, and arising out of one of the following causes of action: "1.
Side 327 - Amendment, broad and comprehensive as it is, nor any other amendment was designed to interfere with the power of the State, sometimes termed its ' police power,' to prescribe regulations to promote the health, peace, morals, education and good order of the people, and to legislate so as to increase the industries of the State, develop its resources and add to its wealth and prosperity.
Side 219 - 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 of proceeding.
Side 148 - And again, as pertaining to the law of the Priesthood : If any man espouse a virgin, and desire to espouse another, and the first give her consent ; and if he espouse the second, and they are virgins, and have vowed to no other man, then is he justified ; he cannot commit adultery, for they are given unto him; for he cannot commit adultery with that that belongeth unto him and to no one else...
Side 95 - No court will lend its aid to a man who founds his cause of action upon an immoral or an illegal act.
Side 146 - Verily, thus saith the Lord unto you, my servant Joseph, that inasmuch as you have inquired of my hand to know and understand wherein I, the Lord, justified my servants, Abraham, Isaac, and Jacob; as also Moses, David, and Solomon, my servants, as touching the principle and doctrine of their having many wives and concubines: Behold! and lo, I am the Lord thy God, and will answer thee as touching this matter...
Side 148 - And again, verily I say unto you, if a man marry a wife by my word, which is my law, and by the new and everlasting covenant, and it is sealed unto them by the Holy Spirit of promise, by him who is anointed, unto whom I have appointed this power, and the keys of this Priesthood; and it shall be said unto them, ye shall come forth in the first resurrection; and if it be after the first resurrection, in the next resurrection...
Side 301 - One of the tests that a contract has been impaired is that its value has, by legislation, been diminished. It is not, by the Constitution, to be impaired at all. This is not a question of degree or cause, but of encroaching, in any respect, on its obligation — dispensing with any part of its force.
Side 224 - There are particular relations in which it is the policy of the law to encourage confidence, and to preserve it inviolate; therefore, a person cannot be examined as a witness in the following cases: 1.
Side 328 - Laws setting aside Sunday as a day of rest are upheld, not from any right of the government to legislate for the promotion of religious observances, but from its right to protect all persons from the physical and moral debasement which comes from uninterrupted labor.