Reports of Cases Decided in the Supreme Court of the State of Utah, Volume 2
Utah. Supreme Court, Albert Hagan, John Augustine Marshall, John Maxcy Zane, James A. Williams, Joseph M. Tanner, George L. Nye, H. Arnold Rich, John Walcott Thompson, August B. Edler, Alonzo Blair Irvine, Harmel L. Pratt, William S. Dalton
A. L. Bancroft, 1881
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affidavit affirmed agent alleged amended Andrew Burt answer appellant assignment attorney authority Boreman Brigham Young Carrie Owens cause of action charge cited claim complaint concurred contract corporation County Court Davis deed defendant delivered the opinion demurrer denied duty Emerson entitled equity error evidence execution facts Fargo & Co filed findings Flagstaff George Q granted held indictment instructions issue Jeter Clinton John judgment Judicial District Court jurisdiction jury land legislature lien ment Montreal mortgage motion necessary notice objection Old Telegraph Mining overruled partnership party patent person plaintiff pleadings possession Practice Act Probate Court question record respondents rule Salt Lake City Salt Lake County Samuel Kahn statute sufficient suit Telegraph Mining Company Territory of Utah testimony thereof Third Judicial District tion trial trust Utah Territory vein or lode verdict void William witness writ
Página 10 - That the legislative power of the Territory shall extend to all rightful subjects of legislation, consistent with the Constitution of the United States and the provisions of this act ; but no law shall be passed interfering with the primary disposal of the soil ; no tax shall be imposed upon the property of the United States ; nor shall the lands or other property of non-residents be taxed higher than the lands or other property of residents.
Página 314 - A corporation is an artificial being, invisible, intangible, and existing only in contemplation of law. Being the mere creature of law, it possesses only those properties, which the charter of its creation confers upon it, either expressly, or as incidental to its very existence.
Página 552 - A party who negligently or culpably stands by and allows another to contract on the faith and understanding of a fact which he can contradict, cannot afterwards dispute that fact in an action against the person whom he has himself assisted in deceiving.
Página 60 - ... 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 488 - An action may be brought by any person in possession, by himself or his tenant of real property, against any person who claims an estate or interest therein adverse to him. for the purpose of determining such adverse claim, estate or interest.
Página 488 - Ellenborough says, if the owner of the soil throws open a passage, and neither marks by any visible distinction that he means to preserve all his rights over it, nor excludes persons from passing through it by positive prohibition, he shall be presumed to have dedicated it to the public.
Página 360 - That no location hereafter made shall exceed two hundred feet in length along the vein for each locator, with an additional claim for discovery to the discoverer of the lode, with the right to follow such vein to any depth with all its dips, variations, and angles, together with a reasonable quantity of surface for the convenient working of the same, as fixed* by local rules.
Página 154 - Any woman who is now or may hereafter be married to a citizen of the United States, and who might herself be lawfully naturalized, shall be deemed a citizen.
Página 69 - An appeal is taken by filing with the clerk of the court in which the judgment or order appealed from is entered, a notice stating the appeal from the same, or some specific part thereof, and serving a similar notice on the adverse party, or his attorney.