Reports of Cases Determined in the Supreme Court of the Territory of Utah, Volume 39 |
From inside the book
Results 1-5 of 95
Page 7
... duty to proceed to hear it upon the merits . We are not unmindful of the rule that in justice courts the jurisdic- tional facts must affirmatively appear . In determin- ing the question , however , whether the jurisdictional 2 3 facts ...
... duty to proceed to hear it upon the merits . We are not unmindful of the rule that in justice courts the jurisdic- tional facts must affirmatively appear . In determin- ing the question , however , whether the jurisdictional 2 3 facts ...
Page 12
... duty of the Supreme Court to set aside the judgment . ( San Pedro R. Co. v . Board of Education , 32 Utah 305. ) The verdict of the jury is deemed excepted to Section 3283 , Compiled Laws Utah , 1907. There being no evi- dence in ...
... duty of the Supreme Court to set aside the judgment . ( San Pedro R. Co. v . Board of Education , 32 Utah 305. ) The verdict of the jury is deemed excepted to Section 3283 , Compiled Laws Utah , 1907. There being no evi- dence in ...
Page 20
... duty of Peterson to either affirm or deny respondent's statements , and , if he was not , then , in the eye of the law , he cannot be prejudiced by his silence . If it were once conceded that silence under such circum- stances would be ...
... duty of Peterson to either affirm or deny respondent's statements , and , if he was not , then , in the eye of the law , he cannot be prejudiced by his silence . If it were once conceded that silence under such circum- stances would be ...
Page 48
... duties of respondents sufficiently defined in the decree as it now stands . For the purposes , therefore , of correcting the foregoing de- fects in the decree , the cause is remanded to the district court of Utah County with directions ...
... duties of respondents sufficiently defined in the decree as it now stands . For the purposes , therefore , of correcting the foregoing de- fects in the decree , the cause is remanded to the district court of Utah County with directions ...
Page 54
... duty of water on the forty - nine thou- sand acres of land irrigated from plaintiffs ' canals , exclu- sive of the Salt Lake City Canal , said : " While it is my judgment that it takes five acre feet to water the land in question , they ...
... duty of water on the forty - nine thou- sand acres of land irrigated from plaintiffs ' canals , exclu- sive of the Salt Lake City Canal , said : " While it is my judgment that it takes five acre feet to water the land in question , they ...
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Common terms and phrases
accused acre feet action affirmed aforesaid alleged amount APPEAL from District appellant appellant's applied assessed attorney bank bankrupt Box Elder County cars cause character charged the jury cigar company circumstances claim Clayton collision Comp complaint concur contended contract contributory negligence corporation counsel court erred damages defendant defendant's dence district court dollars drainage effect engine entitled error evidence fact feet filed finding FRICK guilty held hundred inference injury instruction issue Jordan River judgment jurisdiction jury justice lands liability MCCARTY McCurtain ment motion Munsee murder Nephi opinion Oregon Short Line owner Palmer party person plaintiff prior prosecution provides purpose question railroad record recover refused rendered request respondent respondent's Rio Grande engine rule Salt Lake City Salt Lake County statute stockholder STRAUP sufficient testified testimony thereof tion trial court Utah Utah Lake verdict witness
Popular passages
Page 494 - No county, city, town, township, board of education, or school district, shall incur any indebtedness or liability in any manner or for any purpose exceeding in any year the income and revenue provided for such year, without the assent of two-thirds of the qualified electors thereof, voting at an election to be held for that purpose...
Page 2 - 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.
Page 600 - Code § 1159 ("The jury, or the judge if a jury trial is waived, may find the defendant guilty of any offense, the commission of which is necessarily included in that with which he is charged, or I of an attempt to commit the offense"); Fla.
Page 40 - Provided: That the right to the use of water acquired under the provisions of this Act shall be appurtenant to the land irrigated, and beneficial use shall be the basis, the measure, and the limit of the right.
Page 214 - Every murder perpetrated by poison, lying in wait, or any other kind of willful, deliberate, malicious, and premeditated killing; or committed in the perpetration of, or attempt to perpetrate, any arson, rape, burglary, or robbery; or perpetrated from a premeditated design unlawfully and maliciously to effect the death of any human being other than him who is killed, is murder in the first degree.
Page 218 - Every person guilty of murder in the first degree shall suffer death, or confinement in the state prison for life, at the discretion of the jury trying the same; or, upon plea of guilty, the court shall determine the same; and every person guilty of murder in the second degree...
Page 313 - The judgment is reversed and the cause remanded to the district court, with directions to grant a new trial and to proceed with the case In accordance with the views herein expressed.
Page 478 - ... consecutive hours without unloading the same in a humane manner, into properly equipped pens for rest, water, and feeding, for a period of at least five consecutive hours, unless prevented by storm or by other accidental or unavoidable causes which can not be anticipated or avoided by the exercise of due diligence and foresight...
Page 550 - 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 the following causes of action: "1.
Page 500 - No person shall be entitled to vote at any election, held under the provisions of this act, unless he shall possess all the qualifications required of electors under the general election laws of this state.