Reports of Cases Determined in the Supreme Court of the Territory of Utah, Volume 3 |
From inside the book
Results 1-5 of 46
Page 19
... issued , and the sheriff returned thereon . " that he had served said summons by delivering to the de- fendant a copy of said summons attached to a true and cor- rect copy of said complaint . " The defendant not appearing , there was ...
... issued , and the sheriff returned thereon . " that he had served said summons by delivering to the de- fendant a copy of said summons attached to a true and cor- rect copy of said complaint . " The defendant not appearing , there was ...
Page 26
... issued to the attaching creditor , the writ of attachment , and the proceedings upon which the writ is issued . As proof of such indebtedness , the judgment recovered in the action by the attaching creditor subsequent to the attachment ...
... issued to the attaching creditor , the writ of attachment , and the proceedings upon which the writ is issued . As proof of such indebtedness , the judgment recovered in the action by the attaching creditor subsequent to the attachment ...
Page 31
... issued by Joseph Harne , a justice of the peace , in a suit wherein John and Ann Beers were plaintiffs and one J. H. Clemetshaw defendant , and as the property of said Clemet- shaw ; that a few months previous to the attachment Clemet ...
... issued by Joseph Harne , a justice of the peace , in a suit wherein John and Ann Beers were plaintiffs and one J. H. Clemetshaw defendant , and as the property of said Clemet- shaw ; that a few months previous to the attachment Clemet ...
Page 50
... issued . The return showed that petitioner was in custody under a conviction for the violation of an ordinance of Salt Lake City . The COURT : It having come to the knowledge of the court since the argument and submission of this matter ...
... issued . The return showed that petitioner was in custody under a conviction for the violation of an ordinance of Salt Lake City . The COURT : It having come to the knowledge of the court since the argument and submission of this matter ...
Page 51
... issuance after that time . THE GRANTING OF A MOTION TO QUASH THE WRIT , like its issuance , is a matter of discretion . On the hearing of a motion to quash , it is not error to receive affidavits which advise the court as to the wisdom ...
... issuance after that time . THE GRANTING OF A MOTION TO QUASH THE WRIT , like its issuance , is a matter of discretion . On the hearing of a motion to quash , it is not error to receive affidavits which advise the court as to the wisdom ...
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...