Reports of Cases Determined in the Supreme Court of the Territory of Utah, Volume 21 |
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Resultados 1-5 de 64
Página iii
... JUSTICE , HON . GEORGE W. BARTCH . JUSTICE , HON . JAMES A. MINER . JUSTICE , HON . ROBERT N. BASKIN . HON . A. C. BISHOP OFFICERS OF THE COURT : LILBURN P PALMER GEORGE L. NYE TERMS OF COURT : Second Monday in February . Attorney ...
... JUSTICE , HON . GEORGE W. BARTCH . JUSTICE , HON . JAMES A. MINER . JUSTICE , HON . ROBERT N. BASKIN . HON . A. C. BISHOP OFFICERS OF THE COURT : LILBURN P PALMER GEORGE L. NYE TERMS OF COURT : Second Monday in February . Attorney ...
Página 11
... Justice Wells , in the opinion , said : " I think their corporate char- acter may be legally upheld by treating the provisions of the act , which is the foundation of the objection , not as fundamental , but as directory . " In the case ...
... Justice Wells , in the opinion , said : " I think their corporate char- acter may be legally upheld by treating the provisions of the act , which is the foundation of the objection , not as fundamental , but as directory . " In the case ...
Página 89
... justice requires the interposition of the power.1 ( Decided Dec. 6 , 1899. ) Original application in this court for a writ of manda- mus to compel the judge of the Fourth District Court to reinstate a certain cause , by him dismissed ...
... justice requires the interposition of the power.1 ( Decided Dec. 6 , 1899. ) Original application in this court for a writ of manda- mus to compel the judge of the Fourth District Court to reinstate a certain cause , by him dismissed ...
Página 94
... justice requires the inter- position of the power . The case at bar presents no such necessity or exigency , the remedy by appeal being entirely adequate to meet the ends of justice . In such a case mandamus is not the proper remedy ...
... justice requires the inter- position of the power . The case at bar presents no such necessity or exigency , the remedy by appeal being entirely adequate to meet the ends of justice . In such a case mandamus is not the proper remedy ...
Página 95
... Justice Waite , speaking for the court , said : " It is an ele- mentary principle that a mandamus can not be used to perform the office of an appeal or a writ of error . " In the case of In re Pennsylvania Co. , 137 U. S. , 451 , Mr.
... Justice Waite , speaking for the court , said : " It is an ele- mentary principle that a mandamus can not be used to perform the office of an appeal or a writ of error . " In the case of In re Pennsylvania Co. , 137 U. S. , 451 , Mr.
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Outras edições - Ver tudo
Palavras e frases frequentes
16 Utah agent alleged amount appeal assessment authority BARTCH BASKIN board of health Bunting Cache County cause of action certiorari cited claim complaint concur constitution contract corporation court of equity creditors credits debts decision decree deducted deed defendant directors disease district court duty Ency equity evidence execution facts filed fund homestead instruction interest issued Judge judgment jurisdiction jury justice land Legislature levy license lien mandamus ment mortgage National Bank negligence opinion ordinance paid parties payment person plaintiff Pratt premium question quiet title real estate refused regulations remittitur respondent reversible error rule Salt Lake City Salt Lake County schools Section shares smallpox Stat statute of frauds stockholders supreme court taxation testimony thereof tion Tooele County trial court trust vaccination void Weber County writ writ of mandate
Passagens conhecidas
Página 181 - In case of any other transfer of interest, the action may be continued in the name of the original party, or the court may allow the person to whom the transfer is made to be substituted in the action.
Página 444 - A discharge in bankruptcy shall release a bankrupt from all of his provable debts...
Página 289 - A writ of review may be granted by any court, except a police or justice's court, when an inferior tribunal, board, or officer, exercising judicial functions, has exceeded the jurisdiction of such tribunal, board, or officer, and there is no appeal, nor, in the judgment of the court, any plain, speedy, and adequate remedy.
Página 290 - Where a court has jurisdiction, it has a right to decide every question which occurs in the cause, and whether its decision be correct or otherwise, its judgment, until reversed, is regarded as binding in every other court.
Página 344 - ... authority of the State within which the association is located; but the legislature of each State may determine and direct the manner and place of taxing all the shares of national banking associations located within the State, subject only to the two restrictions, that the taxation shall not be at a greater rate than is assessed upon other moneyed capital in the hands of individual citizens of such State, and that the shares of any national banking association owned by non-residents of any State...
Página 76 - No variance between the allegation in a pleading and the proof is to be deemed material, unless it has actually misled the adverse party to his prejudice in maintaining his action or defense upon the merits.
Página 56 - It may be apparent from the intrinsic nature and subject of the bargain itself; such as no man in his senses and not under delusion would make on the one hand, and as no honest and fair man would accept on the other...
Página 334 - The general assembly shall provide such revenue as may be needful by levying a tax, by valuation, so that every person and corporation shall pay a tax in proportion to the value of his, her or its property...
Página 107 - The writ of mandamus may be denominated the writ of mandate.— 1873-345. 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...
Página 188 - They shall also constitute a board of examiners, with power to examine all claims against the State, except salaries or compensation of officers fixed by law, and perform such other duties as may be prescribed by law. And no claim against the State, except salaries and compensation of officers fixed by law, shall be passed upon by the Legislature without first having been considered and acted upon by said board.