Reports of Cases Determined in the Supreme Court of the Territory of Utah, Volume 9 |
From inside the book
Results 1-5 of 86
Page 4
... action : 1. A cause of action arising out of the transaction set forth in the complaint as the foundation of the plaintiff's claim , or connected with the subject of the action . Section 3231 , Id . , as follows : Whenever the defendant ...
... action : 1. A cause of action arising out of the transaction set forth in the complaint as the foundation of the plaintiff's claim , or connected with the subject of the action . Section 3231 , Id . , as follows : Whenever the defendant ...
Page 10
... action ; the defendants L. B. Adams and the Utah National Bank filed like demurrers ; and , both demurrers being sus- tained , the action was dismissed as to the defendants who had demurred . The plaintiff appeals from this judgment of ...
... action ; the defendants L. B. Adams and the Utah National Bank filed like demurrers ; and , both demurrers being sus- tained , the action was dismissed as to the defendants who had demurred . The plaintiff appeals from this judgment of ...
Page 12
... action for false imprisonment lies only where the imprisonment is extra- judicial and without legal process , not where there is legal process which is issued upon insufficient grounds or without probable cause . The remedy for the ...
... action for false imprisonment lies only where the imprisonment is extra- judicial and without legal process , not where there is legal process which is issued upon insufficient grounds or without probable cause . The remedy for the ...
Page 13
... action for false imprisonment . ID . JUSTICE OF PEACE . - ERROR IN JUDGMENT . - A justice of the peace acting within his jurisdiction is not liable for mistake of judgment in arriving at his conclusions , although the facts upon which ...
... action for false imprisonment . ID . JUSTICE OF PEACE . - ERROR IN JUDGMENT . - A justice of the peace acting within his jurisdiction is not liable for mistake of judgment in arriving at his conclusions , although the facts upon which ...
Page 17
... action against a justice for willfully and maliciously entertaining a false complaint , knowing it to be false , in which the action was held not maintainable , Chief Justice Shaw said that , " where the subject - matter and the person ...
... action against a justice for willfully and maliciously entertaining a false complaint , knowing it to be false , in which the action was held not maintainable , Chief Justice Shaw said that , " where the subject - matter and the person ...
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Common terms and phrases
action affidavit affirmed agreement alleged amount appeal assignment attorney authority BARTCH caboose capital stock cars cause charge claim Comp complaint concurred contempt contract contributory negligence corporation counsel creditors damages decree deed defendant defendant's demurrer district court easements entitled error escheat evidence execution facts filed follows fraud Gardo House held injury judge judgment jury justice land liable lien ment Messrs MINER mortgage motion N. W. Rep negligence objection offense Ogden opinion order refusing owner paid party payment person plaintiff possession probate court promissory note question Railroad Railroad Co Railway Railway Co record recover Reed and Cropper respondent Rice and Gelder rule Salt Lake City SMITH statement statute street suit supreme court Territory Territory of Utah testimony thereof third district tickets tion track train trial trial by jury Utah Utah Territory verdict witness writ ZANE
Popular passages
Page 67 - The right of trial by jury shall be secured to all, and remain inviolate ; but in civil actions three-fourths of the jury may render a verdict.
Page 4 - ... 2. A statement of any new matter constituting a defense or counterclaim, in ordinary and concise language, without repetition." See. 171. The counterclaim mentioned in the last section must be one existing in favor of a defendant and against a plaintiff, between whom a several judgment might be had in the action, and arising out of one of the following causes of action: "1.
Page 233 - Although the defendant's negligence may have been the primary cause of the injury complained of, yet an action for such injury cannot be maintained if the proximate and immediate cause of the injury can be traced to the want of ordinary care and caution in the person injured, subject to this qualification, which has grown up in recent years (having been first enunciated in Davies v.
Page 86 - In case of any other transfer of interest, the action may be continued in the name of the original party, or the court may allow the person to whom the transfer is made to be substituted in the action.
Page 205 - No irregularity or improper conduct in the proceedings of the judges, or any of them, is such malconduct as avoids an election, unless the irregularity or improper conduct is such as to procure the person whose right to the office is contested to be declared elected when he had not received the highest number of legal votes.
Page 349 - I believe quite correctly, that "the rule of law is laid down with perfect correctness in the case of Butterfield v. Forrester, that, although there may have been negligence on the part of the plaintiff, yet unless he might, by the exercise of ordinary care, have avoided the consequences of the defendant's negligence, he is entitled to recover; if by ordinary care he might have avoided them, he is the author of his own wrong.
Page 361 - That whenever by priority of possession rights to the use of water for mining, agricultural, manufacturing, or other purposes have vested and accrued and the same are recognized and acknowledged by the local customs, laws, and the decisions of courts, the possessors and owners of such vested rights shall be maintained and protected in the same, and the right of way for the construction of ditches and canals for the purposes herein specified is acknowledged and confirmed...
Page 232 - ordinary care," 'reasonable prudence,' and such like terms, as applied to the conduct and affairs of men, have a relative significance, and cannot be arbitrarily defined. What may be deemed ordinary care in one case may, under different surroundings and circumstances, be gross negligence. The policy of the law has relegated the determination of such questions to the jury, under proper instructions from the court. It is their province to note the...
Page 251 - When a given state of facts is such that reasonable men may fairly differ upon the question as to whether there was negligence or not, the matter is for the jury.
Page 4 - Whenever the defendant seeks affirmative relief against any party, relating to or depending upon the contract, transaction, matter, happening or accident upon which the action is brought, or affecting the property to which the action relates...