Reports of Cases Decided in the Supreme Court of the State of Utah, Հատոր 48
Utah. Supreme Court, Albert Hagan, John Augustine Marshall, John Maxcy Zane, James A. Williams, Joseph M. Tanner, Harmel L. Pratt, George L. Nye, H. Arnold Rich, John Walcott Thompson, August B. Edler, Alonzo Blair Irvine, William S. Dalton
A. L. Bancroft, 1917
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48 Utah action acts alleged amount answer Appeal Appeal from Third application attorney authority bank cause cause of action charge checks circumstances City claim Comp complaint conclusion considered constitute construction contended contract corporation counsel crossing damages deed defendant defendant's denied determine direct District Court duty effect entered error evidence facts filed findings follows further given granted ground held injury intended interest issues Judge judgment jury justice land lien limitations material matter ment motion necessary negligence notice objection opinion Page paid parties pass person plaintiff presented proceeding proper prosecution question railroad reason record referred refused regard relating rendered respect respondent rule Salt Lake statements statute street sufficient Supreme Court testified testimony thereof Third District tion trial verdict witness
Էջ 244 - The cause of action in such case not to be deemed to have accrued until the discovery, by the aggrieved party, of the facts constituting the fraud or mistake.
Էջ 81 - Any person may be made a defendant who has or claims an interest in the controversy adverse to the plaintiff, or who is a necessary party to a complete determination or settlement of the question involved therein.
Էջ 120 - Recorder of the county in which such property, or some part thereof, is situated, a claim containing a statement of his demand, after deducting all just credits and offsets, with the name of the owner or reputed owner, if known...
Էջ 439 - The person to whom a tender is made, must, at the time, specify any objection he may have to the money, instrument, or property, or he must be deemed to have waived it...
Էջ 294 - It is true that rape is a most detestable crime, and therefore ought severely and impartially to be punished with death; but it must be remembered that it is an accusation easily to be made and hard to be proved and harder to be defended by the party accused, though never so innocent.
Էջ 250 - To be allowed counsel as in civil actions, or to appear and defend in person and with counsel; 3. To produce witnesses on his behalf, and to be confronted with the witnesses against him, in the presence of the court, except that where the charge has been preliminarily examined before a committing magistrate and. the testimony taken down by question and answer in the presence of the defendant, who has, either in person or by counsel, cross-examined or had an opportunity to cross-examine the witness...
Էջ 575 - ... and where there is no evidence tending to show negligence on the part of the owner of the animal killed.
Էջ 118 - ... whether at the instance of the owner, or of any other person acting by his authority...
Էջ 119 - No payment made prior to the time when the same is due. under the terms and conditions of the contract, shall be valid for the purpose of defeating, diminishing, or discharging any lien in favor of any person, except the contractor, but as to such liens, such payment shall be deemed as if not made, and shall be applicable to such liens...