The Pacific Reporter, Količina 199West Publishing Company, 1921 |
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Pogosti izrazi in povedi
admissible affidavit affirmed alleged amended amount appellant appellee attorney authority bank Ben Johnson bonds cause of action charge claim Code Commission Company complaint concur Constitution contention contract contributory negligence convicted corporation counsel crime Criminal law damages death deceased decree deed defendant defendant's demurrer dence denied District Court employer error evidence fact fendant filed Frank Sharp granted guilty held inheritance tax injury instruction issue John Callis Judge judgment jurisdiction jurors jury land lease liability ment Mont mortgage motion negligence notice Ollie Prince opinion owner parties payment person petition plaintiff plaintiff in error pleadings probate prosecution purchaser question quiet title railroad reason record respondent reversible error rule statement statute Stillwater county sufficient Superior Court Supreme Court testified testimony thereof tiff tion trial court Utah verdict Wash witness
Priljubljeni odlomki
Stran 143 - When the classification in such a law is called in question, if any state of facts reasonably can be conceived that would sustain it, the existence of that state of facts at the time the law was enacted must be assumed. 4. One who assails the classification in such a law must carry the burden of showing that it does not rest upon any reasonable basis, but is essentially arbitrary.
Stran 404 - ... nothing in this Act contained shall in any way abridge or alter the remedies now existing at common law or by statute, but the provisions of this Act are in addition to such remedies...
Stran 245 - A person who has been convicted of a crime or misdemeanor is, notwithstanding, a competent witness in a civil or criminal action or special proceeding ; but the conviction may be proved, for the purpose of affecting the weight of his testimony...
Stran 397 - Upon a trial for murder, the commission of the homicide by the defendant being proved, the burden of proving circumstances of mitigation, or that justify or excuse it, devolves upon him, unless the proof on the part of the prosecution tends to show that the crime committed only amounts to manslaughter, or that the defendant was justifiable or excusable.
Stran 179 - A single act may be an offense against two statutes, and if each statute requires proof of an additional fact which the other does not, an acquittal or conviction under either statute does not exempt the defendant from prosecution and punishment under the other.
Stran 32 - State, or any interest therein, or income therefrom, which shall be transferred by deed, grant, sale, or gift, made in contemplation of the death of the grantor, vendor or bargainer, or intended to take effect in possession or enjoyment after such death...
Stran 83 - It is of two kinds: 1. Voluntary — upon a sudden quarrel or heat of passion. 2. Involuntary — in the commission of an unlawful act, not amounting to a felony; or in the commission of a lawful act which might produce death, in an unlawful manner, or without due caution and circumspection.
Stran 253 - The title to personal property, sold or exchanged, passes to the buyer whenever the parties agree upon a present transfer, and the thing itself is identified, whether it is separated from other things or not.
Stran 245 - A witness may be impeached by the party against whom he was called, by contradictory evidence, or by evidence that his general reputation for truth is bad, or that his moral character is such as to render him unworthy of belief, but not by evidence of particular wrongful acts ; except that it may be shown by the examination of the witness, or the record of the judgment, that he has been convicted of a felony.
Stran 30 - An issue of fact arises: 1. Upon a material allegation in the complaint controverted by the answer; and, 2. Upon new matter in the answer, except an issue of law is joined thereon.