overriding principle (Utah) · Go Syfert
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overriding principle in Utah

7 Utah opinions name it 2 courts 1987–2022 2 in the last five years

The cases below were cited by Utah courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (7)

CaseFollowedCited
Holbrook v. Hodsongreen
utah · 1970 · cited in 1 Utah opinions naming this issue, 2022–2022
1 sentence

2022See also Little Cottonwood Tanner Ditch Co. v. Sandy City, 2016 UT 45, ¶ 17 , 387 P.3d 978 (“The finality of judgments rule recognizes that at some point, litigation must end.”); Holbrook v. Hodson, 466 P.2d 843, 845 (Utah 1970) (“The overriding principle of [our] rules is to assure the finality of judgments.”). 20200642-CA 12 2022 UT App 55 Ahmad v. Graco Fishing there is no need to address additional considerations if one is found wanting. ¶23 Here, it is clear that the motion was timely as Ahmad filed it well within the 90-day requirement of rule 60.

11
Little Cottonwood Tanner Ditch Co. v. Sandy Citygreen
utah · 2016 · cited in 1 Utah opinions naming this issue, 2022–2022
2 sentences

2022See also Little Cottonwood Tanner Ditch Co. v. Sandy City, 2016 UT 45, ¶ 17 , 387 P.3d 978 (“The finality of judgments rule recognizes that at some point, litigation must end.”); Holbrook v. Hodson, 466 P.2d 843, 845 (Utah 1970) (“The overriding principle of [our] rules is to assure the finality of judgments.”). 20200642-CA 12 2022 UT App 55 Ahmad v. Graco Fishing there is no need to address additional considerations if one is found wanting. ¶23 Here, it is clear that the motion was timely as Ahmad filed it well within the 90-day requirement of rule 60.

2022See also Little Cottonwood Tanner Ditch Co. v. Sandy City, 2016 UT 45, ¶ 17 , 387 P.3d 978 (“The finality of judgments rule recognizes that at some point, litigation must end.”); Holbrook v. Hodson, 466 P.2d 843, 845 (Utah 1970) (“The overriding principle of [our] rules is to assure the finality of judgments.”). 20200642-CA 12 2022 UT App 55 Ahmad v. Graco Fishing there is no need to address additional considerations if one is found wanting. ¶23 Here, it is clear that the motion was timely as Ahmad filed it well within the 90-day requirement of rule 60.

11
Dale K. Barker Co PC CPA Profit Sharing v. Turnergreen
utahctapp · 2021 · cited in 1 Utah opinions naming this issue, 2021–2021
1 sentence

2021See Butcher v. Gilroy, 744 P.2d 311, 314 (Utah Ct. App. 1987) (applying Holloway and framing the inquiry as a question as to whether a particular payment permitted an inference that the debtor “renewed [his] promise to pay the [creditor] or acknowledged any obligation on his part to 20200070-CA 10 2021 UT App 119 Dale K.

11
Butcher v. Gilroygreen
utahctapp · 1987 · cited in 1 Utah opinions naming this issue, 2021–2021
1 sentence

2021See Butcher v. Gilroy, 744 P.2d 311, 314 (Utah Ct. App. 1987) (applying Holloway and framing the inquiry as a question as to whether a particular payment permitted an inference that the debtor “renewed [his] promise to pay the [creditor] or acknowledged any obligation on his part to 20200070-CA 10 2021 UT App 119 Dale K.

11
Richardson v. Commonwealthgreen
vactapp · 1997 · cited in 1 Utah opinions naming this issue, 2013–2013
2 sentences

2013"The overriding principle behind the single larceny doctrine is to prevent the state from aggregating multiple criminal penalties for a single criminal act." Richardson v. Commonwealth, 25 Va.App. 491 , 489 S.E.2d 697, 700 (1997) (en banc).

2013“The overriding principle behind the single larceny doctrine is to prevent the state from aggregating multiple criminal penalties for a single criminal act.” Richardson v. Commonwealth, 489 S.E.2d 697, 700 (Va. Ct. App. 1997) (en banc).

11
Sweek v. Peoplegreen
colo · 1929 · cited in 1 Utah opinions naming this issue, 2013–2013
2 sentences

2013The doe-trine thus often operates as a "humane rule," because "[ilf each article stolen were of a value sufficient to make the crime a felony, and a separate charge could be filed as to each, a defendant, if convicted, might be sentenced to the penitentiary for the rest of his life." Sweek v. People, 85 Colo. 479 , 277 P. 1, 3 (1929).

2013The doctrine thus often operates as a “humane rule,” because “[i]f each article stolen were of a value sufficient to make the crime a felony, and a separate charge could be filed as to each, a defendant, if convicted, might be sentenced to the peniten‐ tiary for the rest of his life.” Sweek v. People, 277 P. 1, 3 (Colo. 1929).

11
Jackson v. Kennecott Copper Corporationgreen
utah · 1972 · cited in 1 Utah opinions naming this issue, 1994–1994
2 sentences

1994Although there is authority to that effect, that rule is subject to the overriding rule that a statute should be construed "in accordance with its object” or purpose, Jackson v. Kennecott Copper Corp., 27 Utah 2d 310, 315 , 495 P.2d 1254, 1257 (1972), and given the scope that is "necessary to achieve its purpose.” Gold Standard, Inc. v. American Barrick Resources Corp., 801 P.24 909, 911 (Utah 1990).

1994Although there is authority to that effect, that rule is subject to the overriding rule that a statute should be construed "in accordance with its object” or purpose, Jackson v. Kennecott Copper Corp., 27 Utah 2d 310, 315 , 495 P.2d 1254, 1257 (1972), and given the scope that is "necessary to achieve its purpose.” Gold Standard, Inc. v. American Barrick Resources Corp., 801 P.24 909, 911 (Utah 1990).

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Utah. Read the followed side critically anyway.

Also cited on this issue (4)

CaseCitedYears
Ahmad v. Graco Fishing green
utahctapp · 2022
1 sentence

2022See also Little Cottonwood Tanner Ditch Co. v. Sandy City, 2016 UT 45, ¶ 17 , 387 P.3d 978 (“The finality of judgments rule recognizes that at some point, litigation must end.”); Holbrook v. Hodson, 466 P.2d 843, 845 (Utah 1970) (“The overriding principle of [our] rules is to assure the finality of judgments.”). 20200642-CA 12 2022 UT App 55 Ahmad v. Graco Fishing there is no need to address additional considerations if one is found wanting. ¶23 Here, it is clear that the motion was timely as Ahmad filed it well within the 90-day requirement of rule 60.

12022–2022
Layton City v. Stevenson green
utah · 2014
2 sentences

2020“An overriding principle in contract law is that the intentions of the parties are controlling.” Layton City v. Stevenson, 2014 UT 37, ¶ 21 , 337 P.3d 242 (cleaned up).

2020“An overriding principle in contract law is that the intentions of the parties are controlling.” Layton City v. Stevenson, 2014 UT 37, ¶ 21 , 337 P.3d 242 (cleaned up).

12020–2020
Central Florida Investments, Inc. v. Parkwest Associates green
utah · 2002
2 sentences

2014Fla. Invs., Inc. v. Parkwest Assocs., 2002 UT 3, ¶ 12 , 40 P.3d 599 . 18Id.; see Mid-Am.

2014Fla. Invs., Inc. v. Parkwest Assocs., 2002 UT 3, ¶ 12 , 40 P.3d 599 . 18Id.; see Mid-Am.

12014–2014
California v. Carney green
scotus · 1985
2 sentences

1987Id. 105 S.Ct. at 2070 . [1] In the instant case, the police officers had probable cause to suspect that the *103 Mustang searched was stolen.

1987Id. 105 S.Ct. at 2070 . [1] In the instant case, the police officers had probable cause to suspect that the *103 Mustang searched was stolen.

11987–1987

Where else courts name it

LA 70 (1974–2024) CA 61 (1972–2026) OH 45 (1983–2026) FL 43 (1961–2025) TX 42 (1982–2023) MI 37 (1966–2026) NY 36 (1956–2024) SC 32 (1986–2023) PA 30 (1966–2026) IL 29 (1964–2020) NJ 28 (1953–2025) MT 23 (1959–2020) VA 23 (1985–2026) WA 22 (1977–2025) MO 16 (1959–2024) IA 14 (1982–2023) WI 13 (1955–2025) TN 12 (1980–2024) MN 11 (1984–2005) OR 10 (1980–2024) CO 9 (1974–2005) CT 9 (1980–2015) MD 9 (1984–2011) NC 8 (1980–2026) AR 7 (1992–2016) MA 7 (1980–2025) KS 7 (1969–2020) UT 7 (1987–2022) KY 6 (1961–2023) RI 6 (2004–2017) NM 5 (1991–2020) ND 4 (1998–2013) GA 4 (1983–2025) ME 4 (1975–2018) AZ 4 (1977–2015) ID 4 (1980–2025) NH 4 (1993–2018) OK 4 (1983–2018) WV 4 (1975–2019) IN 4 (1976–2014) HI 4 (2005–2014) SD 3 (1984–1992) AK 3 (1979–2018) AL 3 (1984–2015) MS 3 (2001–2024) DC 3 (1987–2013)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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