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 1
... denied December 12 , 1906 . Officers - Removal - — Procedure . 1. In proceedings under section 9646 , Rev. Codes 1905 , or section 7838 , Rev. Codes 1899 , for the removal of public officials , it is proper to object to the accusation ...
... denied December 12 , 1906 . Officers - Removal - — Procedure . 1. In proceedings under section 9646 , Rev. Codes 1905 , or section 7838 , Rev. Codes 1899 , for the removal of public officials , it is proper to object to the accusation ...
Side 12
... denied . Plaintiff appeals , and specifies numerous errors at the trial in the admission of evidence , and the giving of instruc- tions , and the denying of the motion for judgment notwithstanding the verdict . The facts developed at ...
... denied . Plaintiff appeals , and specifies numerous errors at the trial in the admission of evidence , and the giving of instruc- tions , and the denying of the motion for judgment notwithstanding the verdict . The facts developed at ...
Side 16
... denied . The evi- dence did not show definitely how many machines were sold during the four months , nor how many were sold thereafter , nor what would be the actual expenses of selling them . For the error in giv- ing to the jury ...
... denied . The evi- dence did not show definitely how many machines were sold during the four months , nor how many were sold thereafter , nor what would be the actual expenses of selling them . For the error in giv- ing to the jury ...
Side 17
... order grant- ing temporary alimony and counsel fees . Denied . S. E. Ellsworth , for the motion . Fredrus Baldwin , opposed . Sup . Ct . - 2 SPALDING , J. The plaintiff commenced an action of divorce TONN v . TONN 17.
... order grant- ing temporary alimony and counsel fees . Denied . S. E. Ellsworth , for the motion . Fredrus Baldwin , opposed . Sup . Ct . - 2 SPALDING , J. The plaintiff commenced an action of divorce TONN v . TONN 17.
Side 19
... denied . All concur . ( 111 N. W. 609. ) Mortgage E. E. Cook v . S. M. LOCKERBY . Opinion filed February 20 , 1907 . Sufficiency of Notice of Foreclosure . 1. An affidavit of publication of notice of sale in proceedings to foreclose a ...
... denied . All concur . ( 111 N. W. 609. ) Mortgage E. E. Cook v . S. M. LOCKERBY . Opinion filed February 20 , 1907 . Sufficiency of Notice of Foreclosure . 1. An affidavit of publication of notice of sale in proceedings to foreclose a ...
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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.