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 12
... damages alleged to have followed the breach of said contract by plaintiff . Such dam- ages consist of wages paid to the canvasser furnished for 60 days , his board and team hire , in all amounting to the sum of $ 340 . Fur- ther damages ...
... damages alleged to have followed the breach of said contract by plaintiff . Such dam- ages consist of wages paid to the canvasser furnished for 60 days , his board and team hire , in all amounting to the sum of $ 340 . Fur- ther damages ...
Side 14
... damages for all sums that he had voluntarily paid Mulmstead for his services . Defendant was not compelled to ac- cept Mulmstead as an agent and could have rescinded the contract for the reason that Glauke was not furnished as selling ...
... damages for all sums that he had voluntarily paid Mulmstead for his services . Defendant was not compelled to ac- cept Mulmstead as an agent and could have rescinded the contract for the reason that Glauke was not furnished as selling ...
Side 17
... damages assessed by the court as compensation for the use is not questioned . No objection was made to the right to interpose in this action a counterclaim for damages for the wrongful occupation of the land . The judgment is affirmed ...
... damages assessed by the court as compensation for the use is not questioned . No objection was made to the right to interpose in this action a counterclaim for damages for the wrongful occupation of the land . The judgment is affirmed ...
Side 40
... damages alleged to have been sustained by plaintiff through defendant's alleged negligence in caus- ing a prairie fire on May 7 , 1903 , which spread to certain premises alleged to belong to plaintiff . From a judgment dismissing the ...
... damages alleged to have been sustained by plaintiff through defendant's alleged negligence in caus- ing a prairie fire on May 7 , 1903 , which spread to certain premises alleged to belong to plaintiff . From a judgment dismissing the ...
Side 41
... damages by reason of a prairie fire which was caused by the said railway company in the spring of 1903 and inflicted injury upon section 33 , township 140 north , range 84 west , in Morton county , N. D. , E. S. McCollum . ' And ...
... damages by reason of a prairie fire which was caused by the said railway company in the spring of 1903 and inflicted injury upon section 33 , township 140 north , range 84 west , in Morton county , N. D. , E. S. McCollum . ' And ...
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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.