Reports of Cases Determined in the Supreme Court of the Territory of Utah, Volume 34 |
From inside the book
Results 1-5 of 100
Page 19
... reasonable construction , the title of the act can be made to conform to the constitutional requirement , it is the duty of the courts to adopt this construction rath- er than another ( if the title be open to more than one con ...
... reasonable construction , the title of the act can be made to conform to the constitutional requirement , it is the duty of the courts to adopt this construction rath- er than another ( if the title be open to more than one con ...
Page 23
... reasonable , therefore , that the subject - matter contained in the amendatory act is not so incongruous nor inconsistent as to prevent it from being incorporated in one amendatory act . This also disposes of the claim of duplicity or ...
... reasonable , therefore , that the subject - matter contained in the amendatory act is not so incongruous nor inconsistent as to prevent it from being incorporated in one amendatory act . This also disposes of the claim of duplicity or ...
Page 29
... reasonable construction be made to harmonize . 5. ACTIONS - NATURE AND ELEMENT OF CAUSE OF ACTION . A cause of action consists in , first , the primary right and the facts from which it nows , and , second , the breach of that right and ...
... reasonable construction be made to harmonize . 5. ACTIONS - NATURE AND ELEMENT OF CAUSE OF ACTION . A cause of action consists in , first , the primary right and the facts from which it nows , and , second , the breach of that right and ...
Page 35
... reasonable construction be made to harmonize . This rule of statutory construction is so well established and has been so universally followed by the courts that we deem it unnecessary to cite authorities in support of it . The cause of ...
... reasonable construction be made to harmonize . This rule of statutory construction is so well established and has been so universally followed by the courts that we deem it unnecessary to cite authorities in support of it . The cause of ...
Page 46
... reasonable classification of the merchants as has been done by the city in this case . It may cost the city more in propor- tion to provide the appellant with the necessary fire and po- lice protection , say nothing concerning the other ...
... reasonable classification of the merchants as has been done by the city in this case . It may cost the city more in propor- tion to provide the appellant with the necessary fire and po- lice protection , say nothing concerning the other ...
Other editions - View all
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