Reports of Cases Decided in the Supreme Court of the State of Utah, Volume 59
Utah. Supreme Court, Albert Hagan, John Augustine Marshall, John Maxcy Zane, James A. Williams, Joseph M. Tanner, Harmel L. Pratt, George L. Nye, John Walcott Thompson, August B. Edler, Alonzo Blair Irvine, William S. Dalton, H. Arnold Rich
A. L. Bancroft, 1919 - Law reports, digests, etc
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50 Utah affirmed aforesaid agreement alleged amount answer Appeal from District Appeal from Salt Appeal from Weber assessed assignment bank Box Elder County Cache County Carbon County cars cause of action cited claim Coal Comp complaint conclusions of law constitute contended contract CORFMAN corporation costs counsel counterclaim court erred creditors Crosier damages dant deceased deed defendant's demurrer denied district court entered entitled error evidence executed favor fendant filed findings of fact foregoing FRICK GIDEON held injury Irrigation issue jury land lease lien McCARTY ment mining motion negligence opinion owner paid Parley's Canyon parties payment person plaintiff plat pleadings premises purchase purpose question railroad reason record recover respondent rule Salt Lake City Salt Lake County statute sufficient supra taxes testator testified testimony thereof Third District tion track trial court Utah County verdict Weber County witness
Page 89 - A cause of action arising out of the contract or transaction set forth in the complaint as the foundation of the plaintiff's claim, or connected with the subject of the action.
Page 160 - No will shall be proved as a lost or destroyed will unless the same is proved to have been in existence at the time of the death of the testator, or is shown to have been fraudulently destroyed in the lifetime of the testator, nor unless its provisions are clearly and distinctly proved by at least two credible witnesses.
Page 240 - ... shall be taken as true unless the denial of the same be verified by the affidavit of the party, his agent or attorney.
Page 138 - In an action for libel or slander, it is not necessary to state in the complaint, any extrinsic facts, for the purpose of showing the application to the plaintiff, of the defamatory matter out of which the cause of action arose ; but it is sufficient to state generally, that the same was published or spoken concerning the plaintiff, and if such allegation be controverted, the plaintiff must establish, on the trial, that it was so published or spoken.
Page 196 - No corporation shall engage in any business other than that expressly authorized in its charter nor shall it take or hold any real estate except such as may be necessary and proper for its legitimate business.
Page 572 - There can be but one action for the recovery of any debt, or the enforcement of any right, secured by mortgage upon real estate or personal property ; which action must be in accordance with the provisions of this chapter.
Page 37 - In the construction of a pleading, for the purpose of determining its effect, its allegations must be liberally construed, with a view to substantial justice between the parties.
Page 213 - The verdict of a jury is either general or special. A general verdict Is that by which they pronounce generally upon all or any of the issues, either in favor of the plaintiff or defendant: a special verdict is that by which the jury find the facts only, leaving the judgment to the court.
Page 172 - Plaintiff filed a reply admitting and denying certain allegations of new matter in the answer. The case was tried to a Jury, resulting in a verdict for plaintiff in the sum of $712.02, Including interest, for which sum judgment was entered.