Skeen v. Chambers
Utah Supreme Court
Appeal from District Court, Weber County; J. A. Howell, Judge. Action by J. D. Skeen against Fred W. Chambers. Judgment for plaintiff. Defendant appeals. APPELLANT'S POINTS. It is to be observed that this being a penal statute it will be strictly construed and will not be extended by implication to cases not strictly within its terms.
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Appeal from District Court, Weber County; J. A. Howell, Judge. Action by J. D. Skeen against Fred W. Chambers. Judgment for plaintiff. Defendant appeals. APPELLANT'S POINTS. It is to be observed that this being a penal statute it will be strictly construed and will not be extended by implication to cases not strictly within its terms. (Hall v. State, 20 Ohio 7; In re Stow (Cal.), 33 Pac. 491.)' Or as otherwise stated: “It is a general rule that statutes affixing penalties shall be strictly construed and all- doubts resolved in favor of the accused.” (Ex parte Kohler, 14 Cal. 44.) This…
1Opinion of the Court
MoOAETY, J.y
after making the foregoing statements of tbe case, delivered the opinion of tbe court.
With tbe exception of tbe transaction involving tbe $50 first mentioned in tbe foregoing statement of tbe ease, tbe issues of fact presented by tbe complaint in this case are tbe same as tbe issues which were involved in tbe case of Skeen v. Craig (decided at tbe present term of this court), 86 Pac. 487, which case, in tbe* order of business, immediately precedes tbe one under consideration. Tbe matters involved in tbe two suits-, with the exception of tbe $50 referred to, grew out of and were,…
2Cases cited4 opinions
- Long v. StateNebraska Supreme Court · 1888
- Skeen v. CraigUtah Supreme Court · 1906
- Duncan v. PeopleIllinois Supreme Court · 1890
- People v. BiddlecomeUtah Supreme Court · 1882
3Cited by7 opinions
- Atwood v. Cox, District JudgeUtah Supreme Court · 1936
- Law, Co. v. SmithUtah Supreme Court · 1908
- Skeen v. PaineUtah Supreme Court · 1907
- Robinson v. HuffakerIdaho Supreme Court · 1912
- Burke v. KnoxUtah Supreme Court · 1922
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