Reports of Cases Determined in the Supreme Court of the Territory of Utah, Volume 38 |
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Halaman 26
... conclusion that the witness was a nonresident of and absent from this state at the time of trial . This was sufficient to admit the evidence under the rule adopted by this court in State v . King , 24 Utah , 482 , 68 Pac . 418 , 91 Am ...
... conclusion that the witness was a nonresident of and absent from this state at the time of trial . This was sufficient to admit the evidence under the rule adopted by this court in State v . King , 24 Utah , 482 , 68 Pac . 418 , 91 Am ...
Halaman 37
... conclusion is inevitable that such questions , as a rule , are asked for the sole purpose of prejudicing the defendant before the jury , and , if that is not the purpose , such never- theless is the usual effect . It was upon these ...
... conclusion is inevitable that such questions , as a rule , are asked for the sole purpose of prejudicing the defendant before the jury , and , if that is not the purpose , such never- theless is the usual effect . It was upon these ...
Halaman 44
... conclusion that the death was occasioned by poisoning . However , in determining the question of sufficiency of the evidence , when a conviction rests alone upon circumstantial evidence , proper regard must be had to the elementary ...
... conclusion that the death was occasioned by poisoning . However , in determining the question of sufficiency of the evidence , when a conviction rests alone upon circumstantial evidence , proper regard must be had to the elementary ...
Halaman 55
... conclusion holding them erroneous . The criticism made of the case is that we " gave not even one word's consideration to the question whether the alleged errors should have affected the verdict . " The criticism does not fairly reflect ...
... conclusion holding them erroneous . The criticism made of the case is that we " gave not even one word's consideration to the question whether the alleged errors should have affected the verdict . " The criticism does not fairly reflect ...
Halaman 56
... conclusion that the defend- ant was also guilty of other separate and distinct criminal transactions and crimes of which there was no evidence , but which were so vividly and persistently referred to by the improper incriminative ...
... conclusion that the defend- ant was also guilty of other separate and distinct criminal transactions and crimes of which there was no evidence , but which were so vividly and persistently referred to by the improper incriminative ...
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action admission affidavit aforesaid alleged amount answer appellant appellant's application attorney authority bank braking Carbon County cause certificate charged claim clerk Comp complaint consideration contended contract corporation counsel deceased default defendant district court duty effect engine entered error evidence facts fifty dollars filed findings foregoing garnishee Heber City held injury issue judge judgment jurisdiction jury Larsen last clear chance license Logan City Madge Morey mandamus Matsch McCornick ment motion Naylor negligence Nelson paid parties payment person plaintiff pleadings poison premium proceeding promissory note question railroad reason record recover refused respondent rule Salt Lake City Sanpete County sexual intercourse statement statute stockholders stop STRAUP Success Company Success Mining Company sufficient testified testimony thereof thousand dollars tion train transaction trial Utah verdict waiver witness writ of certiorari writ of mandate
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Halaman 119 - ... with the secretary of the interior a copy of its articles of incorporation, and due proofs of its organization under the same...
Halaman 179 - ... for money had and received by the defendant for the use of the plaintiff...
Halaman 284 - In giving the decision, the facts found and the conclusions of law must be separately stated. Judgment upon the decision must be entered accordingly.
Halaman 119 - That any railroad company desiring to secure the benefits of this act, shall, within twelve months after the location of any section of twenty miles of Its road, If the same be upon surveyed lands, and, If upon unsurveyed lands, within twelve months after the survey thereof by the United States, file with the register of the land office for the district where such land Is located a profile of Its road...
Halaman 352 - Every holder is deemed prima facie to be a holder in due course; but when it is shown that the title of any person who has negotiated the instrument was defective, the burden is on the holder to prove that he or some person under whom he claims acquired the title as holder in due course.
Halaman 278 - The writ of mandamus may be denominated the writ of mandate. § 1085. It .may be issued by any court, except a justice's or police court, to any inferior tribunal, corporation, board, or person, to compel the performance of an act which the law specially enjoins, as a duty resulting from an office, trust, or station...
Halaman 352 - That it is complete and regular upon its face; 2. That he became the holder of it before it was overdue, and without notice that it had been previously dishonored, if such was the fact; 3. That he took it in good faith and for value; 4. That at the time it was negotiated to him he had no notice of any infirmity in the instrument or defect in the title of the person negotiating it.
Halaman 55 - Every person guilty of murder in the first degree shall suffer death, or confinement in the state prison for life, at the discretion of the jury trying the same; or, upon plea of guilty, the court shall determine the same; and every person guilty of murder in the second degree is punishable by imprisonment in the state prison not less than ten years...
Halaman 71 - Attachment is the creature of the local law; that is, unless there is a law of the state providing for and permitting the attachment, it cannot be levied there. If there be a law of the state providing for the attachment of the debt, then, if the garnishee be found in that state, and process be personally served upon him therein, we think the court thereby acquires jurisdiction over him, and can garnish the debt due from him to the debtor of the plaintiff, and condemn it, provided the garnishee could...
Halaman 160 - There is no inherent right in a citizen to thus sell intoxicating liquors by retail ; it is not a privilege of a citizen of the State or of a citizen of the United States.