Reports of Cases Determined in the Supreme Court of the Territory of Utah, Volume 3 |
From inside the book
Results 1-5 of 76
Page 19
... defendant should not . appear at the time therein required judgment by default would be taken against him , according to the prayer of the complaint , had the following : " The said action is brought to recover the sum of one hundred ...
... defendant should not . appear at the time therein required judgment by default would be taken against him , according to the prayer of the complaint , had the following : " The said action is brought to recover the sum of one hundred ...
Page 29
... defendant was properly . refused , because there was no proper predicate for it either in the pleadings or the ... defendant's request ( third and fourth requests , Rec . 24 ) . This was in effect that if the sale in fact was of a part ...
... defendant was properly . refused , because there was no proper predicate for it either in the pleadings or the ... defendant's request ( third and fourth requests , Rec . 24 ) . This was in effect that if the sale in fact was of a part ...
Page 54
... defendant , charging him with the advances and interest , and crediting him with the stocks and the proceeds of their sales . At a time when defendant was largely indebted for advances , he directed plaintiff to sell all stocks on hand ...
... defendant , charging him with the advances and interest , and crediting him with the stocks and the proceeds of their sales . At a time when defendant was largely indebted for advances , he directed plaintiff to sell all stocks on hand ...
Page 55
... defendant for a balance of moneys loaned and advanced to defendant from January 15 , 1877 , to January 15 , 1879. The defendant admitted the advances , but by way of counter- claim claimed damages for a failure of plaintiff to sell ...
... defendant for a balance of moneys loaned and advanced to defendant from January 15 , 1877 , to January 15 , 1879. The defendant admitted the advances , but by way of counter- claim claimed damages for a failure of plaintiff to sell ...
Page 56
... defendant , and that the defendant should , if necessary or required , from time to time , pay money on the account , so that the market price of the stocks held should be equal to his account , the legal effect of the transaction was a ...
... defendant , and that the defendant should , if necessary or required , from time to time , pay money on the account , so that the market price of the stocks held should be equal to his account , the legal effect of the transaction was a ...
Contents
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Common terms and phrases
affidavit affirmed aforesaid alleged answer appeal Arthur Brown attorney authority bill cause of action charge commenced common law complaint concurred contract corporation counsel decree deed defendant defendant's demurrer EMERSON entitled error evidence facts fendant filed fraud grand jury granted ground hundred dollars indictment instructions interest issued James McKnight judgment jurisdiction juror justice legislature liable lode Logan City ment miners mining claim mortgage motion objection offense opinion overruled owner paid Parley's Park party patent payment person plaintiff plaintiffs in error pleadings possession practice act premises probate court proceedings provides question reason record refused respondent rule Salt Lake Salt Lake City Salt Lake county statute suit supreme court territory of Utah testimony thereof third district court thousand tion trial trustee TWISS United Utah territory verdict witness writ
Popular passages
Page 49 - That the legislative power of the territory shall extend to all rightful subjects of legislation consistent with the constitution of the United States and the provisions of this act...
Page 20 - In other actions than those mentioned in section ten hundred and twenty-two, costs may be allowed or not, and, if allowed, may be apportioned between the parties, on the same or adverse sides, in the discretion of the court...
Page 345 - A single act may be an offense against two statutes, and, if each statute requires proof of an additional fact which the other does not, an acquittal or conviction under either statute does not exempt the defendant from prosecution and punishment under the other.
Page 250 - ... the court below may proceed upon any other matter embraced in the action and not affected by the order appealed from. And the court below may in its discretion, dispense with or limit the security required by this chapter, when the appellant is an executor, administrator, trustee, or other person acting in another's right.
Page 80 - ... there shall be in this State hereafter, but one form of action, for the enforcement or protection of private rights and the redress or prevention of private wrongs, which shall be denominated a civil action.
Page 154 - Within two years. 1. An action upon a contract, obligation or liability not founded upon an instrument of writing...
Page 225 - ... education and men of little education, men of learning and men whose learning consists only in what they have themselves seen and heard, the merchant, the mechanic, the farmer, the laborer, these sit together, consult, apply their separate experience of the affairs of life to the facts proven, and draw a unanimous conclusion. This average judgment thus given it is the great effort of the law to obtain. It is assumed that twelve men know more of the common affairs of life than does one man; that...
Page 65 - At the conclusion of the plaintiff's case the defendant moved for a nonsuit upon...
Page 419 - The writ must be directed to the Sheriff of any county in which property of such defendant may be, and must require him to attach and safely keep all the property of such defendant within his county, not exempt from execution, or so much thereof as may be sufficient to satisfy the plaintiff's demand, the amount of which must be stated in conformity with the complaint...
Page 461 - The jurisdiction of the several courts herein provided for, both appellate and original, and that of the probate courts and of justices of the peace, shall be as limited by law...