Reports of Cases Decided in the Supreme Court of the State of Utah, Band 33
Utah. Supreme Court, Albert Hagan, John Augustine Marshall, John Maxcy Zane, James A. Williams, John Walcott Thompson, Joseph M. Tanner, August B. Edler, George L. Nye, William S. Dalton, Alonzo Blair Irvine, H. Arnold Rich, Harmel L. Pratt
A. L. Bancroft, 1908
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action acts agreed agreement alleged amount answer appellant applied authorities Brossard carrier cause charge circumstances claim common complaint conclusion condition consideration Constitution contract corporation council counsel court crossing damages deceased decree deed defendant district court duty effect enforced entered entitled error evidence exercise existence fact filed findings fixed flow further give given granted ground held injury instruction intended interest Irrigation Judge judgment jury land lease liability limited loss matter mining mortgage negligence North notice objection Ogden operations paid parties partnership pass payment performance permitted person plaintiff pleadings possession presented proceedings purchase question Railroad rates reasonable received record referred refused regard respect respondent result rule sheep specific statute street sufficient tender testified thereof tion track train trial unless Utah witness
Seite 257 - An action- may be brought by any holder of a mortgage or lien to enforce the same against the property of the estate subject thereto, where all recourse against any other property of the estate is expressly waived in the complaint, but no counsel fees shall be recovered in such action unless such claim be so filed or presented.— 1915-542.
Seite 257 - Every claim which is due, when filed with the clerk, or presented to the executor or administrator, must be supported by. the affidavit of the claimant, or some one in his behalf, that the amount is justly due, that no payments have been made thereon which are not credited, and that there are no offsets to the same, to the knowledge of the affiant.
Seite 237 - The owner of a thing dangerous and attractive to children is not always and universally liable for an injury to a child tempted by the attraction. His liability bears a relation to the character of the thing, whether natural and common, or artificial and uncommon, to the comparative ease or difficulty of preventing the danger without destroying or impairing the usefulness of the thing...
Seite 256 - All claims arising upon contracts, whether the same be due, not due, or contingent, must be presented within the time limited in the notice, and any claim not so presented is barred forever...
Seite 256 - ... when it is made to appear by the affidavit of the claimant, to the satisfaction of the Court, or a Judge thereof, that the claimant had no notice as provided in this chapter, by reason of being out of the State, it may be presented at any time before a decree of distribution is entered.
Seite 266 - ... judge; and the judgment must be that the executor or administrator pay, in due course of administration, the amount ascertained to be due.
Seite 18 - ... his register of actions a note of the submission with the names of the parties, the names of the arbitrators, the date of the submission when filed, and the time limited by the submission, if any, within which the award must be made.
Seite 420 - Community of interest in some lawful commerce or business, for the conduct of which the parties are mutually principals of and agents for each other, with general powers within the scope of the business, which powers however by agreement between the parties themselves may be restricted at option, to the extent even of making one the sole agent of the others and of the business.
Seite 126 - The doctrine of ejusdem generis is but a rule of construction to aid In ascertaining the meaning of the Legislature, and does not warrant a court in confining the operation of a statute within narrower limits than intended by the lawmakers. The general object of an act sometimes requires that the final term shall not be restricted in meaning by its more specific predecessors.