Reports of Cases Determined in the Supreme Court of the Territory of Utah, Volume 34 |
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Results 1-5 of 91
Page 8
... imposes upon common carriers the accident could have been averted , hence casts the burden on the carrier to show why it was not avoided . Applying the rule to this case , there was no presumption that the car moved when the appellant ...
... imposes upon common carriers the accident could have been averted , hence casts the burden on the carrier to show why it was not avoided . Applying the rule to this case , there was no presumption that the car moved when the appellant ...
Page 16
... imposes a tax for purposes of rev- enue , is violative of the constitutional inhibition . ( Cook v . Fairbanks , 78 N. E. 895 , 222 Ill . 678 ; State ex . rel . v . Hal- lock [ Nev . ] , 12 Pac . 832 ; State ex . rel . v . McCann , 72 ...
... imposes a tax for purposes of rev- enue , is violative of the constitutional inhibition . ( Cook v . Fairbanks , 78 N. E. 895 , 222 Ill . 678 ; State ex . rel . v . Hal- lock [ Nev . ] , 12 Pac . 832 ; State ex . rel . v . McCann , 72 ...
Page 23
... imposed by implication before . But there is still another reason why the added words are of but small , if any , importance . These words were directory merely , although mandatory in form , for the reason that if an assessment were ...
... imposed by implication before . But there is still another reason why the added words are of but small , if any , importance . These words were directory merely , although mandatory in form , for the reason that if an assessment were ...
Page 35
... imposed upon him by the terms of the contract . Pomeroy , in his work on Code Remedies , sec . 453 , tersely , and , as we think , correctly , defines a cause of action to be : " A primary right possessed by the plaintiff and a ...
... imposed upon him by the terms of the contract . Pomeroy , in his work on Code Remedies , sec . 453 , tersely , and , as we think , correctly , defines a cause of action to be : " A primary right possessed by the plaintiff and a ...
Page 38
... fees and taxes shall be uniform in respect to the class upon which they are imposed . Held , that an ordinance imposing a tax on any busi- ness , trade , profession , or calling , and 38 THIRTY - FOUR UTAH . cur. ...
... fees and taxes shall be uniform in respect to the class upon which they are imposed . Held , that an ordinance imposing a tax on any busi- ness , trade , profession , or calling , and 38 THIRTY - FOUR UTAH . cur. ...
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Common terms and phrases
agreement alleged amended amount APPEAL from District appellant appellant's attorney authorized bill of exceptions Brigham City Cache county Caravelis cause of action charge child circumstances claim Comp complaint Constitution contract contributory negligence corporation counsel deceased deed defendant defendant's direct a verdict discovered District Court duty easement engine error evidence exercise facts fees filed finding franchise fraud grant ground held imposed injury instructions judgment jury land Legislature license tax lookout matter motion negligence negotiable instrument nonsuit object obtained officer owner party payment person plaintiff premises proceedings purchase quantum meruit question railroad recover respondent respondent's rule Salt Lake City sheep sheriff's deed statement statute statute of frauds STRAUP street sufficient testator testified testimony thereof tion track trespasser trial court Utah width William Pender witness yard
Popular passages
Page 303 - A negotiable instrument is discharged : 1. By payment in due course by or on behalf of the principal debtor ; 2. By payment in due course by the party accommodated, where the instrument is made or accepted for accommodation; 3. By the intentional cancellation thereof by the holder; 4. By any other act which will discharge a simple contract for the payment of money; 5. When the principal debtor becomes the holder of the instrument at or after maturity in his own right.
Page 303 - By a valid tender of payment made by a prior party. 5. By a release of the principal debtor, unless the holder's right of recourse against the party secondarily liable is expressly reserved. 6. By any agreement binding upon the holder to extend the time of payment, or to postpone the holder's right to enforce the instrument, unless made with the assent of the party secondarily liable, or unless the right of recourse against such party is expressly reserved.
Page 457 - The title of a person who negotiates an instrument is defective within the meaning of this act when he obtained the instrument, or any signature thereto, by fraud, duress, or force and fear, or other unlawful means, or for an illegal consideration, or when he negotiates it in breach of faith, or under such circumstances as amount to a fraud.
Page 454 - A holder in due course holds the instrument free from any defect of title of prior parties, and free from defenses available to prior parties among themselves, and may enforce payment of the instrument for the full amount thereof against all parties liable thereon.
Page 179 - Comparison of a disputed writing with any writing proved to the satisfaction of the Judge to be genuine shall be permitted to be made by witnesses; and such writings, and the evidence of witnesses respecting the same, may be submitted to the Court and jury as evidence of the genuineness, or otherwise, of the writing in dispute.
Page 539 - If, when the cause of action accrues against a person, he is out of the state, the action may be commenced within the term herein limited, after his return to the state, and if, after the cause of action accrues, he departs from the state, the time of his absence is not part of the time limited for the commencement of the action.
Page 372 - 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 458 - Every negotiable instrument is deemed prima facie to have been issued for a valuable consideration, and every person whose signature appears thereon to have become a party thereto for value.
Page 433 - MILLER, J. This action was brought by the plaintiff to recover damages alleged to have been sustained by means of the negligence of defendant's agents and servants in making repairs and improvements upon the hotel of the defendant, situate in the city of New York.
Page 304 - primarily" liable on an instrument is the person who, by the terms of the instrument, is absolutely required to pay the same. All other parties are "secondarily