Reports of Cases Decided in the Supreme Court of the Territory of Dakota
Bowen and Kingsbury, 1889
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action alleged appellant application assignment authority bank board of county cause certificate charge claim Code commissioners complaint constitute construction contract counsel county commissioners damages decision deed defendant defendant's determine direct discharge district court duty effect entry equalization erred error evidence execution exercise existed fact Fargo filed fire follows further give given grant ground held hold injury intent issue Judge judgment jurisdiction jury justice land legislative liable limited manner matter means ment mortgage motion N. W. Rep nature necessary negligence notice objection opinion paid parties passed patent person plaintiff possession presented proceedings proper question railroad reason received record reference respondent result rule says statute sufficient sustained taken term territory testimony thereof tion track train trial United verdict
Side 347 - The time in which any act provided by law is to be done is computed by excluding the first day and including the last, unless the last day is a holiday, and then it is also excluded.
Side 402 - But neither the Amendment, broad and comprehensive as it is, nor any other amendment was designed to interfere with the power of the state, sometimes termed its "police power...
Side 198 - The Commissioner of the General Land Office shall perform, under the direction of the Secretary of the Interior, all executive duties appertaining to the surveying and sale of the public lands of the United States, or in anywise respecting such public lands, and, also, such as relate to private claims of land, and the issuing of patents for all grants of land under the authority of the Government.
Side 100 - ... or modify any or all of the proceedings subsequent to or dependent upon such judgment or order, and may, if necessary or proper, order a new trial.
Side 490 - Russian-American territory, together with all and singular the tenements, hereditaments, and appurtenances thereunto belonging, or in any wise appertaining, and the reversion and reversions, remainder and remainders, rents, issues, and profits thereof; and, also, all the estate, right, title, interest, property, possession, claim, and demand whatsoever, as well in law as in equity, of the said party of the first part, of, in, or to the above-described premises, and every part and parcel thereof,...
Side 406 - The power we allude to is rather the police power, the power vested in the legislature by the constitution, to make, ordain and establish all manner of wholesome and reasonable laws, statutes and ordinances, either with penalities or without, not repugnant to the constitution, as they shall judge to be for the good and welfare of the commonwealth, and of the subjects of the same.
Side 466 - A passenger, consignor, or consignee, by accepting a ticket, bill of lading, or written contract for carriage, with a knowledge of its terms, assents to the rate of hire, the time, place, and manner of delivery therein stated; and also to the limitation stated therein upon the amount of the carrier's liability in case property carried in packages, trunks, or boxes, is lost or injured, when the value of such property is not named...
Side 411 - This does not confer power upon the whole people to control rights which are purely and exclusively private; but it does authorize the establishment of laws requiring each citizen to so conduct himself, and so use his own property, as not unnecessarily to injure another.
Side 469 - Loss of or any Injury to any Articles and Goods in respect whereof they may not be entitled to the Benefit of this Act, any public Notice or Declaration by them made and given contrary thereto, or in anywise limiting such Liability, notwithstanding.
Side 434 - The general assembly shall not pass local or special laws in any of the following enumerated cases...