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 3
... person under section 9646 , Rev. Codes 1905 , it is necessary to state facts , showing , not a malfeasance in office , but the charge and collec- tion of illegal fees , a neglect of duty , or that the official has ren- dered himself ...
... person under section 9646 , Rev. Codes 1905 , it is necessary to state facts , showing , not a malfeasance in office , but the charge and collec- tion of illegal fees , a neglect of duty , or that the official has ren- dered himself ...
Side 6
... person , article 26 must come under one or the other of the following three causes set out in section 9646 , Rev. Codes 1905 , viz : That an officer within the jurisdiction of the court has been guilty of ( 1 ) charging and collecting ...
... person , article 26 must come under one or the other of the following three causes set out in section 9646 , Rev. Codes 1905 , viz : That an officer within the jurisdiction of the court has been guilty of ( 1 ) charging and collecting ...
Side 7
... person is presented to the district court , alleging that an officer within the jurisdiction of the court has been guilty of charging and collecting illegal fees for services rendered , or to be rendered in his office * Under this law ...
... person is presented to the district court , alleging that an officer within the jurisdiction of the court has been guilty of charging and collecting illegal fees for services rendered , or to be rendered in his office * Under this law ...
Side 23
... person through whom legal title could be made under the mort- gage , and hence that he held the legal title . The point here under consideration was not involved in that case . The case of Foster v . Trowbridge does not support ...
... person through whom legal title could be made under the mort- gage , and hence that he held the legal title . The point here under consideration was not involved in that case . The case of Foster v . Trowbridge does not support ...
Side 24
... persons named to the persons SO described . Wakefield V. Brown , 38 Minn . 361 , 37 N. W. 788 , 8 Am . St. Rep . 671 ; Morse v . Carpenter , 19 Vt . 614. By this means it was ascertained that the ' Farnham ' and ' Lovejoy , ' of the ...
... persons named to the persons SO described . Wakefield V. Brown , 38 Minn . 361 , 37 N. W. 788 , 8 Am . St. Rep . 671 ; Morse v . Carpenter , 19 Vt . 614. By this means it was ascertained that the ' Farnham ' and ' Lovejoy , ' of the ...
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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.