Reports of Cases Determined in the Supreme Court of the Territory of Utah, Volume 9 |
From inside the book
Results 1-5 of 70
Page 14
... recover damages for an assault and battery and false imprisonment . It appears from the abstract that one W. H. Culmer had brought a suit for forcible entry and detainer in Commissioner Hill's court at Provo , Utah county , against Anna ...
... recover damages for an assault and battery and false imprisonment . It appears from the abstract that one W. H. Culmer had brought a suit for forcible entry and detainer in Commissioner Hill's court at Provo , Utah county , against Anna ...
Page 22
... recover damages for an alleged unlawful arrest and assault and battery . No unlawful com- bination or conspiracy on the part of the defendants is alleged or relied upon . It was not an action for malicious prosecution . The assault and ...
... recover damages for an alleged unlawful arrest and assault and battery . No unlawful com- bination or conspiracy on the part of the defendants is alleged or relied upon . It was not an action for malicious prosecution . The assault and ...
Page 25
... recover possession of certain real property situate in this Territory , the plaintiff and her guardian being residents of the state of Montana . It is alleged in the complaint that for more than five years previous thereto the plaintiff ...
... recover possession of certain real property situate in this Territory , the plaintiff and her guardian being residents of the state of Montana . It is alleged in the complaint that for more than five years previous thereto the plaintiff ...
Page 27
... recover possession of such land . It appears from the evidence , in substance , as disclosed by the record , that the defendant took posses- sion of the land in 1880 , at the instance of her mother , who appears to have bought the right ...
... recover possession of such land . It appears from the evidence , in substance , as disclosed by the record , that the defendant took posses- sion of the land in 1880 , at the instance of her mother , who appears to have bought the right ...
Page 30
... recover possession . A father , who is a legal and natural guardian , ordinarily has the right to remove his infant ward to another state , and in such event , the child being powerless , it would seem unreasonable to hold that such ...
... recover possession . A father , who is a legal and natural guardian , ordinarily has the right to remove his infant ward to another state , and in such event , the child being powerless , it would seem unreasonable to hold that such ...
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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...