Reports of Cases Decided in the Supreme Court of the State of Utah, Volume 48 (Google eBook)
Utah. Supreme Court, Albert Hagan, John Augustine Marshall, John Maxcy Zane, James A. Williams, Joseph M. Tanner, George L. Nye, John Walcott Thompson, August B. Edler, Alonzo Blair Irvine, Harmel L. Pratt, William S. Dalton, H. Arnold Rich
Callaghan, 1917 - Law reports, digests, etc
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48 Utah acts affirmed aforesaid alleged amount answer Appeal from District Appeal from Second Appeal from Third application Carbon County cause of action Chapter 111 charge claim Comp complaint conclusion concur condemnation contended contract counsel county attorney court erred crossing damages deceased defendant defendant's demurrer denied District Court duty effect entered error evidence facts fendant filed findings foregoing FRICK granted held Hillstrom injury interest issues Judge judgment jurisdiction jury Justice lien mandamus material McCARTY ment mortgage motion negligence Ogden opinion Oregon Short Line Orrin N paid parties payment person plaintiff pleaded proceeding prosecution prosecutrix question railroad reason refused rendered respondent rule Salt Lake City Salt Lake County Second District statements statute STRAUP supra Supreme Court testified testimony thereof Third District tiff tion trial verdict wagon Weber County wife witness writ of mandate
Page 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.
Page 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.
Page 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...
Page 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...
Page 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.
Page 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...
Page 575 - ... and where there is no evidence tending to show negligence on the part of the owner of the animal killed.
Page 118 - ... whether at the instance of the owner, or of any other person acting by his authority...
Page 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...