The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1882-04-26
SALT LAKE DAILY HERALD WEDNESDAY. APRIL 25 1882


of the incum bered property, or Sc
much thereof as may be necessary
and the application of the proceeds
of the sale to the payment of the
costS OF the court and expenses of
the sale. and the amount due to the
plaintiff; and if it appear from the
return of The officer making the
sale that the proceeds are insuffic-
lent, and a balance still remained
due, Judgment can then be dOcketed
! for Such balance against the defend
ant or defendants personally liable
for the debt, and it becomes a lien
on the real estate of such judgment
j debtor, as in other cases on which
execution may be issued. No person
holding a conveyance from or under
the mortgagOr of the property mOrtg-
aged, or having a lien thereon,
which conveyance or lien does not
appear of record in the proper Office
at the time of the commencement of
the action, need be made party to
such action. and the judgment
therein rendered, and the proceed
ings therein had, are as conclusive
against the party holding such un-
/ recorded conveyance or Len rs if he
had been made party to the ac-
ton.
SEC. 2S.-Section 1868 is hereEy
amended by inserting after the word
injunction" and before the word
sand" in line three of subdivision
third of said section the following:
From an order dissolying or refus-
ing to dissolve an attachment, from
an order granting or refusing to
grant change of the place of
trial."
SEC. 29.-Section 1903 is hereby re-
pealed.
+ SEC. 3O.-Section 1904 is herebyre-
pealed, and the following is enacted
In lieu thereof: (1604 section $40, a.
husband cannot be examined as a
witness for or against his wife,
without her consent; nor a wife for
or against her husband, without his
consent; nor can either during the
marriage or afterWaTd, be without
the consent of the other, examined,
as to any communication made by
one to the other during the mar
rIage; but this exception does not
apply to civil action or proceed
ing by one against the other, nor to
a criminal action or proceeding for
a crime committed by one against
the other.
SEC. 31.-Section 1921 is hereby
amended by striking out in lines two
and three thereof the following:
"For any other cause than a sentence
OF felony" and section 1923 is hereby,
amended by striking out, in lines
two and three thereof the following:
"And for a cause other than a sen
tence for felony"
Sec. 32.-Section 1919 is hereby re-
pealed and the following is hereby
enacted in lieu thereof: 1649) sec
ten 434, any court in which an
action is pending. or Judge thereof.
may upon notice, order either party
to give to the other, within speci-
fed time, an inspection and copy, or
permission to take copy of entries
les of accounts in any book, or of
any document or paper in his pos
session or under his control, contain
ing evidence relating to the merits !
OF the action, or the defense therein. !
1t compliance with order be refused |
the court may exclude the entries |
Of accounts of the book, or the doc
ument, or paper from being given in
evidence, or If wanted as evidence |
by the party applying, may direct
the jury TO presume them to be |
such as he alleges them to be, and
the court may also punish the party
refusing for contempt. This sec
ton is not to be construed to pre-
vent a party from compelling an
other to produce books, papers OF
documents, when he is examined as
a witness.
SEC. dissection 1898 is hereby |
by striking out the word
zone" in lines seven and ten of said /
section, and inserting in lieu thereof
in each place the word three" Said
section is hereby further amended
by adding thereto the following:
Fifth, in an action which involves
the title or possession of real estate.
or the legality Of any tax-im post,a
sessment, toll or municipal fine.
SEC. 34.-SectiOn 1909 is hereby re-
pealed and the following is enacted
in lieu thereof: Q7O9) Section 4S4.
in whose favor judgment is
rendered and who claims his costs.
must deliver to the clerk and serve
upon the adverse party, within five
days after the verdict or notice of
the decision of the court or referee
or If the entry Of the judgment on
the verdict or decision be STAYED,
then before such entry is made a
memorandum of the items of his
costs and necessary disbursements
IN the action or proceeding, which
must be verified by |
the oath of the party, or his attorney !
Dr. agent, or by the clerk of his at
torney, stating that to the best Of his
knowledge. and belief the items are
correct and that the disbursements
have been necessarily incurred in |
the action or proceeding. Aparty
with the costs claimed |
may, within five days after notice
IF filing the bill of costs, file a mo-
ion to have the same taxed by the !
court in which the judgment was |
rendered or by the judge thereof at
ADDrOved March 9th 1899