Reports of Cases Decided in the Supreme Court of the State of North Dakota, Volum 16
North Dakota. Supreme Court, Hiram A. Libby, Robert Milligan Carothers, Robert Dimon Hoskins, Ames Francis Wilbur, Edgar Whittlesey Camp, John McDowell Cochrane, Joseph Coghlan, Edwin James Taylor
Lawyers Co-operative Publishing Company, 1908
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action agreed alleged amount answer appeal application appointed assignment attorney authority cause charged cited claimed Codes commissioners complaint considered constitution contained contention contract counsel damages deed defendant defendant's denied determine directed district court duties effect election enforcement entered entitled error established evidence executed exercise existence express facts filed follows furnished give given granted ground held hold instruction intent interest issue judge judgment jurisdiction jury justice land legislative legislature lien matter ment mortgage motion necessary negligence notes notice objection opinion parties payment performance person plaintiff pleaded possession presented proceedings proof purchase question reason record recover reference relating rendered respondent rule sold statement statute sufficient supra sustained taken testimony thereof tion trial court verdict witness
Side 63 - In pleading a judgment, or other determination of a court, or officer of special jurisdiction, it shall not be necessary to state the facts conferring jurisdiction, but such judgment or determination may be stated to have been duly given or made. If such allegation be controverted, the party pleading shall be bound to establish, on the trial, the facts conferring jurisdiction.
Side 99 - If the instrument is payable to the order of the maker or drawer, or is payable to bearer, he is liable to all parties subsequent to the maker or drawer. 3. If he signs for the accommodation of the payee, he is liable to all parties subsequent to the payee.
Side 442 - ... when the party by his own contract creates a duty or charge upon himself, he is bound to make it good, if he may, notwithstanding any accident by inevitable necessity, because he might have provided against it by his contract.
Side 398 - Every transfer of an interest in property, other than in trust, made only as a security for the performance of another act, is to be deemed a mortgage, except when in the case of personal property it is accompanied by actual change of possession, in which case it is to be deemed a pledge.
Side 417 - Upon a trial for murder, the commission of the homicide by the defendant being proved, the burden of proving circumstances of mitigation, or that justify or excuse it, devolves upon him, unless the proof on the part of the prosecution tends to show that the crime committed only amounts to manslaughter, or that the defendant was justifiable or excusable.
Side 236 - The detriment caused by the breach of a warranty of the quality of personal property is deemed to be the excess, if any, of the value which the property would have had at the time to which the warranty referred, if it had been complied with, over its actual value at that time: Civ.
Side 296 - Richardson as indorser, and at the same time and as a part of the same transaction, the mortgage in question was executed as security therefor.
Side 440 - These assignments render it necessary to determine the plaintiff's rights under the contract as set forth in plaintiff's evidence. The motion for a directed verdict was based upon the alleged grounds that the evidence shows that the stallion died before the contract of hire under which he was turned over to defendant had terminated, without any fault or...
Side 261 - Condonation is revoked and the original cause of divorce revived : 1. When the condonee commits acts constituting a like or other cause of divorce ; or, 2. When the condonee is guilty of great conjugal unkindness, not amounting to a cause of divorce, but sufficiently habitual and gross to show that the conditions of condonation had not been accepted in good faith, or not fulfilled.