Reports of Cases Decided in the Supreme Court of the State of North Dakota, Volum 16North 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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Side 2
... Attorney General , and Bosard & Ryerson , for the state . KNAUF , J. This is a summary action brought for the removal of three of the county commissioners of Ward county on an accusa- tion presented by J. W. Fabrick , a person residing ...
... Attorney General , and Bosard & Ryerson , for the state . KNAUF , J. This is a summary action brought for the removal of three of the county commissioners of Ward county on an accusa- tion presented by J. W. Fabrick , a person residing ...
Side 6
... attorney or attorneys to act as prosecuting officers in the matter and require said defendants to appear before said court at a time to be specified and answer said accusations as provided by law . " To come within the class of removals ...
... attorney or attorneys to act as prosecuting officers in the matter and require said defendants to appear before said court at a time to be specified and answer said accusations as provided by law . " To come within the class of removals ...
Side 18
... attorney's fees and maintenance on ap- plication during the pendency of the appeal from the former order , and to entertain an application like this would be to assume burdens which properly may be and should be carried by the district ...
... attorney's fees and maintenance on ap- plication during the pendency of the appeal from the former order , and to entertain an application like this would be to assume burdens which properly may be and should be carried by the district ...
Side 42
... attorney some time early in July , 1905 , whereas the proposed amendment alleged the date about the 1st day of June of that year . We think the third and last assignment of error is without merit . It is predicated upon the ruling of ...
... attorney some time early in July , 1905 , whereas the proposed amendment alleged the date about the 1st day of June of that year . We think the third and last assignment of error is without merit . It is predicated upon the ruling of ...
Side 84
... attorney , for the purpose of showing certain admissions of the defendant that he was afflicted with a loathsome disease which the state claimed was communicated by him to this girl . The gist of this conversation was as follows : Mr ...
... attorney , for the purpose of showing certain admissions of the defendant that he was afflicted with a loathsome disease which the state claimed was communicated by him to this girl . The gist of this conversation was as follows : Mr ...
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affidavit alleged Appeal from District appellant's application appointed authority cause of action charged cited claimed Codes commissioners complaint concur constitution construed contention contract contributory negligence counsel damages deed defendant defendant's denied directed verdict district court duties effect election enforcement entitled evidence facts fendant foreclosure Foster county furnished glanders Grand Forks county held homestead indebtedness issue judge judgment jurisdiction jury justice land legislative legislature lien ment Minn mortgage motion municipal negligence North Dakota notice O'Toole objection Opinion filed parties payment person plaintiff pleaded possession proceedings proof question real property reason recover relating respondent rule sheriff sold state's attorney statute Stutsman county sufficient supra Supreme Court sustained testimony thereof tion Traill county trial court trial de novo void Ward county warrant witness writ
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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 299 - Private property shall not be taken or damaged for public use without just compensation having been first made to, or paid into Court for, the owner...
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.