Reports of Cases Decided in the Supreme Court of the State of North Dakota, Volum 44
North Dakota. Supreme Court, Hiram A. Libby, Robert Milligan Carothers, Robert Dimon Hoskins, Edgar Whittlesey Camp, Joseph Coghlan, John McDowell Cochrane, Ames Francis Wilbur, Edwin James Taylor
Lawyers Co-operative Publishing Company, 1922
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16th Amendment adopted affirmed alleged amendment or amendments amount appears attorney authority bank bill bonds Burleigh county Christianson claims Comp complaint concur constitutional amendment constitutional provisions contract corporation deed defendant defendant's District Court Dourine duty effect election electors enacted evidence ex rel executed exercise express fact foreclosure further Glanders granted held initiative and referendum initiative petition involved Iowa issued judgment judicial jurisdiction jury Kidder county land lative legal votes cast legislative assembly legislature liability majority ment Middlewest Grain mortgage Morton county North Dakota operation Opinion filed paid parties payment person plaintiff prerogative writ principle proceedings proposed amendment purchase purpose question real estate reason referred relator respondent self-executing Senate special session stare decisis statute submitted testimony therein thereof tion trial court verdict voters Ward County warranty Wehe Wetzstein writ
Side 506 - Equity is a Roguish thing, for Law we have a measure, know what to trust to, Equity is according to the Conscience of him that is Chancellor, and as that is larger or narrower, so is Equity. 'Tis all one as if they should make the Standard for the measure, we call [a Foot] a Chancellor's Foot, what an uncertain Measure would this be?
Side 506 - Equity is a roguish thing ; for law we have a measure, know what to trust to ; equity is according to the conscience of him that is Chancellor, and as that is larger or narrower, so is equity. 'Tis all one as if they should make the standard for the measure we call a foot...
Side 518 - Petitions and orders for the initiative and for the referendum shall be filed with the Secretary of State, and in submitting the same to the people he, and all other officers, shall be guided by the general laws and the act submitting this amendment, until legislation shall be especially provided therefor.
Side 157 - All political power is inherent in the people. Government is instituted for the protection, security, and benefit of the people, and they have the right to alter or reform the same whenever the public good may require it.
Side 365 - In an action for libel or slander, it is not necessary to state in the complaint, any extrinsic facts, for the purpose of showing the application to the plaintiff, of the defamatory matter out of which the cause of action arose ; but it is sufficient to state generally, that the same was published or spoken concerning the plaintiff, and if such allegation be controverted, the plaintiff must establish, on the trial, that it was so published or spoken.
Side 279 - ... no bill shall become a law unless on its final passage the vote be taken by yeas and nays, the names of the persons voting for and against the same be entered on the journal, and a majority of the members elected to each House be recorded thereon as voting in its favor.
Side 324 - ... is legitimate only in the last resort, and as a necessity in the determination of real, earnest and vital controversy between individuals. It never was the thought that, by means of a friendly suit, a party beaten in the legislature could transfer to the courts an inquiry as to the constitutionality of the legislative act.
Side 575 - Homicide is also justifiable when committed by any person in either of the following cases: "(1) When resisting any attempt to murder such person, or to commit any felony upon him or her, or upon or In any dwelling house In which such person shall be...
Side 185 - ... by a majority of all the members elected to each house, then it shall be the duty of the legislature to...