Reports of Cases Determined in the Supreme Court of the Territory of Utah, Volume 54 |
From inside the book
Results 1-5 of 83
Page 46
... instruct the jury that the evidence affords no proper foundation for any presumption . " The circumstances out of which the accident arose in this case are all in evidence , and the only question is whether , considering them all ...
... instruct the jury that the evidence affords no proper foundation for any presumption . " The circumstances out of which the accident arose in this case are all in evidence , and the only question is whether , considering them all ...
Page 91
... instructions . The jury found adversely to plaintiff's conten- tion . The court adopted the verdict of the jury , made it a part of its findings , and concluded that plaintiff was not entitled to receive as his interest in the ...
... instructions . The jury found adversely to plaintiff's conten- tion . The court adopted the verdict of the jury , made it a part of its findings , and concluded that plaintiff was not entitled to receive as his interest in the ...
Page 93
... instructions as to duty of one constructing , and assum- ing to control and regulate , a ditch to keep it in repair , held to correctly state the law . ( Page 96. ) APPEAL AND ERROR - FORMER APPEAL - LAW OF CASE . The plead- ings on the ...
... instructions as to duty of one constructing , and assum- ing to control and regulate , a ditch to keep it in repair , held to correctly state the law . ( Page 96. ) APPEAL AND ERROR - FORMER APPEAL - LAW OF CASE . The plead- ings on the ...
Page 96
... instructions to the jury ; that is , that it misdirected the jury with regard to the law applicable to the facts . In view that the following instruction to the jury fully and fairly reflects both the theory of the com- plaint and the ...
... instructions to the jury ; that is , that it misdirected the jury with regard to the law applicable to the facts . In view that the following instruction to the jury fully and fairly reflects both the theory of the com- plaint and the ...
Page 98
... instructions of the court conform to the pleadings and the evidence , and to the ruling on the former appeal , they correctly reflect the law of the case . In view of these facts we can see no escape from the conclusion that the ...
... instructions of the court conform to the pleadings and the evidence , and to the ruling on the former appeal , they correctly reflect the law of the case . In view of these facts we can see no escape from the conclusion that the ...
Contents
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Common terms and phrases
54 Utah administratrix affirmed alleged amendment amount answer Appeal from Third appellant's application appraisement assessed assignment of error authority Bank cars cause of action chute cited city court claim Comp Company complaint concur Constitution contention contract CORFMAN corporation costs counsel court erred court of equity court of Salt damages deceased decree defendant defendant's district court duty entitled evidence fact fendant filed findings fraud FRICK GIDEON held injury instruction issue Jobbing House Judge judgment jury justice lien ment Millard County Mining motion negligence opinion parties partnership payment person plaintiff pleadings proceedings Public Utilities purchase purpose question quiet title real estate reason recover rehearing respondent rule Salt Lake City Salt Lake county school district Silver King statute surety testified testimony thereof Third District tion Tooele County trial court verdict WEBER Weber County Weyant wife witness
Popular passages
Page 441 - The court shall, in every stage of an action, disregard any error or defect in the pleadings or proceedings which shall not affect the substantial rights of the adverse party, and no judgment shall be reversed or affected by reason of such error or defect.
Page 55 - The general assembly shall provide such revenue as may be needful by levying a tax, by valuation, so that every person and corporation shall pay a tax in proportion to the value of his, her or its property...
Page 494 - The Legislature shall determine the number of Justices of the Peace...
Page 258 - The records and judicial proceedings of the courts of any State or Territory, or of any such country, shall be proved or admitted in any other court within the United States, by the attestation of the clerk, and the seal of the court annexed, if there be a seal, together with a certificate of the judge, chief justice, or presiding magistrate, that the said attestation is in due form.
Page 57 - value" and "full cash value" mean the amount at which the property would be taken in payment of a just debt due from a solvent debtor.
Page 279 - The rule of the common law, that penal statutes are to be strictly construed, has no application to this code. All its provisions are to be construed according to the fair import of their terms, with a view to effect its objects and to promote justice.
Page 4 - The notice may also be served by post by a registered letter addressed to the person on whom it is to be served at his last known place of residence or place of business ; and...
Page 237 - A licensed physician or surgeon cannot without the consent of his patient, be examined in a civil action as to any information acquired in attending the patient, which was necessary to enable him to prescribe or act for the patient...
Page 167 - Signed sealed published and declared by the said Robert Flint as and for his last will and Testament in the presence of us who at his request and in his presence and in the presence of each other have subscribed our names as witnesses thereto.
Page 399 - Whenever two or more actions are pending at one time between the same parties and in the same court, upon causes of action which might have been joined, the court may order the actions to be consolidated.