Reports of Cases Decided in the Supreme Court of the State of Utah, Volume 38

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Page 119 - ... with the secretary of the interior a copy of its articles of incorporation, and due proofs of its organization under the same...
Page 179 - ... for money had and received by the defendant for the use of the plaintiff...
Page 284 - In giving the decision, the facts found and the conclusions of law must be separately stated. Judgment upon the decision must be entered accordingly.
Page 119 - That any railroad company desiring to secure the benefits of this act, shall, within twelve months after the location of any section of twenty miles of Its road, If the same be upon surveyed lands, and, If upon unsurveyed lands, within twelve months after the survey thereof by the United States, file with the register of the land office for the district where such land Is located a profile of Its road...
Page 352 - Every holder is deemed prima facie to be a holder in due course; but when it is shown that the title of any person who has negotiated the instrument was defective, the burden is on the holder to prove that he or some person under whom he claims acquired the title as holder in due course.
Page 278 - The writ of mandamus may be denominated the writ of mandate. 1085. It .may be issued by any court, except a justice's or police court, to any inferior tribunal, corporation, board, or person, to compel the performance of an act which the law specially enjoins, as a duty resulting from an office, trust, or station...
Page 352 - That it is complete and regular upon its face; 2. That he became the holder of it before it was overdue, and without notice that it had been previously dishonored, if such was the fact; 3. That he took it in good faith and for value; 4. That at the time it was negotiated to him he had no notice of any infirmity in the instrument or defect in the title of the person negotiating it.
Page 55 - 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 is punishable by imprisonment in the state prison not less than ten years...
Page 71 - Attachment is the creature of the local law; that is, unless there is a law of the state providing for and permitting the attachment, it cannot be levied there. If there be a law of the state providing for the attachment of the debt, then, if the garnishee be found in that state, and process be personally served upon him therein, we think the court thereby acquires jurisdiction over him, and can garnish the debt due from him to the debtor of the plaintiff, and condemn it, provided the garnishee could...
Page 160 - There is no inherent right in a citizen to thus sell intoxicating liquors by retail ; it is not a privilege of a citizen of the State or of a citizen of the United States.

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