Reports of Cases Determined in the Supreme Court of the Territory of Utah, Volumen5 |
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Resultados 1-5 de 57
Página 7
... Equity does not interfere in those cases , except under well defined conditions , which show such cases to be ex- ceptional on account of circumstances which prevent a re- sort to the usual common law actions . Replevin and eject- ment ...
... Equity does not interfere in those cases , except under well defined conditions , which show such cases to be ex- ceptional on account of circumstances which prevent a re- sort to the usual common law actions . Replevin and eject- ment ...
Página 8
... equity , might sustain a cross - complaint in order to have an affirmative judgment . The defendant could obtain all the relief to which it was entitled to the extent of its pretensions , by answer to the plaintiff's complaint . By a ...
... equity , might sustain a cross - complaint in order to have an affirmative judgment . The defendant could obtain all the relief to which it was entitled to the extent of its pretensions , by answer to the plaintiff's complaint . By a ...
Página 11
... equity case , without a jury , no judgment in favor of the defendant could be sustained . It would also be erroneous if the cross cause has not the statutory relation to the plaintiff's case . The adjudication of legal titles , and ...
... equity case , without a jury , no judgment in favor of the defendant could be sustained . It would also be erroneous if the cross cause has not the statutory relation to the plaintiff's case . The adjudication of legal titles , and ...
Página 12
... equity when there is no impediment in the way of the ordinary remedies at com- mon law : 1 Story's Eq . , sec . 616 . No such election can be claimed on a comparison of the methods of the two courts because a court of equity when it ...
... equity when there is no impediment in the way of the ordinary remedies at com- mon law : 1 Story's Eq . , sec . 616 . No such election can be claimed on a comparison of the methods of the two courts because a court of equity when it ...
Página 13
... equity , it must be because the court of equity obtains jurisdiction for some other reason ; then , for that reason , the case in which the title must be tried is an equitable case ; the legal title is incidentally tried to establish ...
... equity , it must be because the court of equity obtains jurisdiction for some other reason ; then , for that reason , the case in which the title must be tried is an equitable case ; the legal title is incidentally tried to establish ...
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Términos y frases comunes
action alleged apex appellant assigned attorney authority Bank BOREMAN Brixen Bullion Calton cause Central Pacific Railroad charge charter cohabitation common law complaint concurred contract conveyed corporation counsel court of equity cross-complaint declaration of trust decree deed defendant defendant's demurrer dence district court ditch equity error Eureka evidence execution facts fendant filed Gisborne granted ground held HENDERSON indictment intention issue judgment jurisdiction jury justice land Laws Utah legal title legal wife legislature lode Medhurst ment mining claim mortgage motion murder offense offer of judgment opinion overruled paid parties person plaintiff polygamous possession presumption probate court prosecution purpose question Railroad real estate reason refusing rehearing respondent rule Salt Lake side lines statute supreme court TERRITORY OF UTAH testified testimony thereof tion trial United unlawful vein verdict water-master witness ZANE
Pasajes populares
Página 339 - ... there shall be in this State hereafter, but one form of action, for the enforcement or protection of private rights and the redress or prevention of private wrongs, which shall be denominated a civil action.
Página 560 - ... as near as may be, to the practice, pleadings and forms and modes of proceeding existing at the time in like causes in the courts of record of the State within which such circuit or district courts are held, any rule of court to the contrary notwithstanding.
Página 52 - A mining claim located after the tenth day of May, eighteen hundred and seventy-two, whether located by one or more persons, may equal, but shall not exceed, one thousand five hundred feet in length along the vein or lode but no location of a mining claim shall be made until the discovery of the vein or lode within the limits of the claim located.
Página 556 - ... and each of the said district courts shall have and exercise the same jurisdiction, in all cases arising under the constitution and laws of the United States...
Página 603 - We are of opinion, therefore, on principle as well as authority, that whenever a question arises in a court of law of the existence of a statute, or of the time when a statute took effect, or of the precise terms of a statute, the judges who are called upon to decide it have a right to resort to any source of information which in its nature is capable of conveying to the judicial mind a clear and satisfactory answer to such question; always seeking first for that which in its nature is most appropriate,...
Página 167 - If, however, it appears from the examination that a public offense has been committed, and there is sufficient cause to believe the defendant guilty thereof...
Página 51 - ... to file in the local Land Office a diagram of the same, so extended, laterally or otherwise, as to conform to the local laws, customs, and rules of miners, and to enter such tract and receive a patent therefor, granting such mine, together with the right to follow such vein or lode, with its dips, angles, and variations, to any depth, although it may enter the land adjoining, which land adjoining shall be sold subject to this condition.
Página 163 - ... undertake that the above named will appear and answer the charge above mentioned, in whatever court it may be prosecuted, and will at all times hold himself amenable to the orders and process of the court, and if convicted, will appear for judgment and render himself in execution thereof, or if he fails to perform either of these conditions, that we will pay to the people of the state of California the sum of dollars (inserting the sum in which the defendant is admitted to bail).
Página 284 - The jurisdiction of the several courts herein provided for, both appellate and original, and that of the probate courts and of justices of the peace, shall be as limited by law: Provided, That justices of the peace shall not have jurisdiction of any matter in controversy when the title or boundaries of land may be in dispute...
Página 560 - They are legislative courts, created in virtue of the general right of sovereignty which exists in the government, or in virtue of that clause which enables congress to make all needful rules and regulations respecting the territory belonging to the United States.