Reports of Cases Determined in the Supreme Court of the Territory of Utah, Том 22 |
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Страница 6
... moral obligation exists , the legislature may give it legal effect . - County Commissioners —– Rejection of Claim — Proper Remedy 6 22 UTAH . Caine, Culmer v 216 Salisbury- 465 Cherry, Nichols v Civic Federation v Salt Lake County.
... moral obligation exists , the legislature may give it legal effect . - County Commissioners —– Rejection of Claim — Proper Remedy 6 22 UTAH . Caine, Culmer v 216 Salisbury- 465 Cherry, Nichols v Civic Federation v Salt Lake County.
Страница 16
... give it legal effect . " There is nothing in our constitution which conflicts with the provisions of the statute . In the case of The Town of Guilford v . Board of Supervisors , 13 N. Y. 143 , the Court said : " The legislature is not ...
... give it legal effect . " There is nothing in our constitution which conflicts with the provisions of the statute . In the case of The Town of Guilford v . Board of Supervisors , 13 N. Y. 143 , the Court said : " The legislature is not ...
Страница 43
... GIVES NO RIGHT OF ENTRY - CANNOT BE HAD BY WAY OF COUNTERCLAIM IN INJUNCTION PROCEED- ING - DENIAL WITH EXCEPTION - HOW FAR AN ADMISSION . - -- Injunction -- To Restrain Trespass -- Pleading — Answer — Counter- claim - Justification ...
... GIVES NO RIGHT OF ENTRY - CANNOT BE HAD BY WAY OF COUNTERCLAIM IN INJUNCTION PROCEED- ING - DENIAL WITH EXCEPTION - HOW FAR AN ADMISSION . - -- Injunction -- To Restrain Trespass -- Pleading — Answer — Counter- claim - Justification ...
Страница 44
... Gives no Right of Entry - Cannot be had by way of Counterclaim — In Injunction Proceeding . The mere fact that a person contemplates having certain land condemned for public use , or that such land is necessary for such use , gives him ...
... Gives no Right of Entry - Cannot be had by way of Counterclaim — In Injunction Proceeding . The mere fact that a person contemplates having certain land condemned for public use , or that such land is necessary for such use , gives him ...
Страница 45
... give them full force and effect and for that reason they have not hesitated to construe the provisions so as to make it possible for the company to properly and successfully operate their railroad lines . Nashville & Chatanooga R. R. Co ...
... give them full force and effect and for that reason they have not hesitated to construe the provisions so as to make it possible for the company to properly and successfully operate their railroad lines . Nashville & Chatanooga R. R. Co ...
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Чести термини и фразе
19 Utah 20 Utah admissible adverse adverse possession affidavit affirmed agreement Alfred H alleged amount appellant application assignment attorney bank BARTCH BASKIN Burraston cause of action champertous charged complaint concur constitution contract costs creditors cross-complaint Cupit damages decree deed defendant defendant's demurrer Duvall & Mills entitled equitable Evans & Rogers evidence execution facts filed granted ground held imprisonment interest Juab County Judge judgment jurisdiction jurors jury land legislature lien ment mining claims mortgage motion negligence non-suit notes notice offense owner paid parties payment personal property plaintiff plead possession prosecution question quiet title real estate receiver recover rendered respondent reversible error rule Salt Lake County statement statute statute of frauds statute of limitations testified testimony thereof Thomas Nelson tion trial court trust verdict void Weber County whistle widow witnesses
Популарни одломци
Страница 246 - For the purpose of constituting an adverse possession, by a person claiming title not founded upon a written instrument, judgment or decree, land is deemed to have been possessed and occupied in the following cases only : "1.
Страница 221 - The court shall, in every stage of an action, disregard any error or defect in the pleadings or proceedings which shall not affect the substantial rights of the adverse party, and no judgment shall be reversed or affected by reason of such error or defect.
Страница 550 - ... the line of such tunnel of veins or lodes not appearing on the surface, made by other parties after the commencement of the tunnel, and while the same is being prosecuted with reasonable diligence, shall be invalid, but failure to prosecute the work on the tunnel for six months shall be considered as an abandonment of the right to all undiscovered veins on the line of such tunnel.
Страница 115 - That the framers of the Constitution did not intend to restrain the States in the regulation of their civil institutions, adopted for internal government, and that the instrument they have given us is not to be so construed, may be admitted.
Страница 168 - Every murder perpetrated by poison, lying in wait, or any other kind of wilful, deliberate, malicious, and premeditated killing; or committed in the perpetration of, or attempt to perpetrate, any arson, rape, burglary, or robbery; or perpetrated from a premeditated design unlawfully and maliciously to effect the death...
Страница 298 - The periods prescribed for the commencement of actions other than for the recovery of real property, are as follows: SEC. 155. Within six years: 1. An action upon a judgment or decree of any Court of the United States, or of any State or Territory within the United States; An action upon any contract, obligation, or liability founded upon an instrument in writing.
Страница 267 - Forces, and has been, or may be hereafter, honorably discharged, shall be admitted to become a citizen of the United States, upon his petition, without any previous declaration of his intention to become such...
Страница 111 - The distinction between the obligation of a contract and the remedy given by the Legislature to enforce that obligation has been taken at the bar, and exists in the nature of things. Without impairing the obligation of the contract, the remedy may certainly be modified as the wisdom of the Nation shall direct.
Страница 188 - Negligence of the company's employes in these particulars was no excuse for negligence on her part. She was bound to listen and to look, before attempting to cross the railroad track, in order to avoid an approaching train, and not to walk carelessly into the place of possible danger.
Страница 111 - Kinzie et aL contract. But if that effect is produced, it is immaterial whether it is done by acting on the remedy or directly on the contract itself. In either case it is prohibited by the constitution.