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 29
... held that constitutional provisions limiting corporate in- debtedness are held not to apply to assessments upon property for improvements . Cooley on Taxation p . 175 ; Davis v . Des Moines , 71 Iowa 500 , 32 N. W. 470 ; Raleigh v ...
... held that constitutional provisions limiting corporate in- debtedness are held not to apply to assessments upon property for improvements . Cooley on Taxation p . 175 ; Davis v . Des Moines , 71 Iowa 500 , 32 N. W. 470 ; Raleigh v ...
Side 38
... held that the holder of a negotiable instrument is not pri- marily bound to establish that he is an innocent purchaser . Shep- ard v . Hanson , 9 N. D. 249 , 83 N. W. 20 ; Id . 10 N. D. 194 , 86 N. W. 704. Plaintiff produced the note in ...
... held that the holder of a negotiable instrument is not pri- marily bound to establish that he is an innocent purchaser . Shep- ard v . Hanson , 9 N. D. 249 , 83 N. W. 20 ; Id . 10 N. D. 194 , 86 N. W. 704. Plaintiff produced the note in ...
Side 42
... Held , that such defense was not established . Same - Deeds Signature by Initials . 2. In one of the deeds in plaintiff's chain of title the grantor signed his Christian name merely by the initials , but the body of the deed set forth ...
... Held , that such defense was not established . Same - Deeds Signature by Initials . 2. In one of the deeds in plaintiff's chain of title the grantor signed his Christian name merely by the initials , but the body of the deed set forth ...
Side 50
... held to assume those risks which are ordin- arily incident to such ownership . If , from any reason the property enhances in value during this time , he reaps the benefit , and hence it is no injustice to require him to bear any loss or ...
... held to assume those risks which are ordin- arily incident to such ownership . If , from any reason the property enhances in value during this time , he reaps the benefit , and hence it is no injustice to require him to bear any loss or ...
Side 83
... held that a juror , who states on his voir dire that he has formed and entertains an opinion as to the guilt or innocense of the accused which it will require some evidence to remove , is not disqualified from serving , where it appears ...
... held that a juror , who states on his voir dire that he has formed and entertains an opinion as to the guilt or innocense of the accused which it will require some evidence to remove , is not disqualified from serving , where it appears ...
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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.