Reports of Cases Decided in the Supreme Court of the State of North Dakota, Volume 24North Dakota. Supreme Court, Hiram A. Libby, Robert Milligan Carothers, Robert Dimon Hoskins, Edgar Whittlesey Camp, John McDowell Cochrane, Ames Francis Wilbur, Joseph Coghlan, Edwin James Taylor Lawyers Co-operative Publishing Company, 1914 |
From inside the book
Results 1-5 of 100
Page 1
... thereof at such sale , the judgment should be in the alternative for a return of the property or for the value thereof , and a judgment for the value only is erroneous . Under such a state of facts , it cannot be said that the proof ...
... thereof at such sale , the judgment should be in the alternative for a return of the property or for the value thereof , and a judgment for the value only is erroneous . Under such a state of facts , it cannot be said that the proof ...
Page 2
... thereof , and for damages for the detention thereof , should specifically describe the items of property and the value thereof . Such specification of the value of each article , however , need not be made in the absence of a demand ...
... thereof , and for damages for the detention thereof , should specifically describe the items of property and the value thereof . Such specification of the value of each article , however , need not be made in the absence of a demand ...
Page 4
... thereof , and the presumption , in the absence of proof to the contrary of course , must be that he was in the possession thereof at the time of the trial . The statutes , §§ 7075 and 7036 of the Code of 1905 , require a judgment to be ...
... thereof , and the presumption , in the absence of proof to the contrary of course , must be that he was in the possession thereof at the time of the trial . The statutes , §§ 7075 and 7036 of the Code of 1905 , require a judgment to be ...
Page 4
... thereof in case a delivery cannot be had , and for damages for the taking and detention thereof . If the property has been delivered to the plaintiff , and the defendant claims a return thereof , judgment for the defendant may be for a ...
... thereof in case a delivery cannot be had , and for damages for the taking and detention thereof . If the property has been delivered to the plaintiff , and the defendant claims a return thereof , judgment for the defendant may be for a ...
Page 4
... $ 427 , but there is no pretense that the amounts for which the horses were bid in at such sale represented the real value thereof . The same considerations apply to the failure to specifically describe the SMITH v . WILLOUGHBY 7.
... $ 427 , but there is no pretense that the amounts for which the horses were bid in at such sale represented the real value thereof . The same considerations apply to the failure to specifically describe the SMITH v . WILLOUGHBY 7.
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affidavit affirmed alleged amended amount appeal appellant's application attorney authority bank board of railroad bonds canvass Cass County cause of action cited claim Codes complaint Constitution contention contract contributory negligence counsel damages debt deed defendant defendant's demurrer dismiss district court drain drain commissioners duty election error evidence ex rel fact Fargo fund Grand Forks county held holder Iowa issue judgment jurisdiction jury justice Kittler land lien mandamus matter McLean county ment Minn mortgage motion N. Y. Supp negotiable instruments North Dakota notice Opinion filed paid party payment petitioner plaintiff pleadings precincts proceedings proof purchase question railroad commissioners Ransom county reason respondent Richland county rule special assessment statement statute sufficient surety testimony thereof thereto tion trial court verdict votes Ward County warrant warranty deed writ
Popular passages
Page 506 - A cause of action, arising out of the contract or transaction set forth in the complaint as the foundation of the plaintiff's claim, or connected with the subject of the action.
Page 404 - To constitute notice of an infirmity in the instrument or defect in the title of the person negotiating the same, the person to whom it is negotiated must have had actual knowledge of the infirmity or defect, or knowledge of such facts that his action in taking the instrument amounted to bad faith.
Page 393 - This act shall be so interpreted and construed as to effect its general purpose to make uniform the law of those States which enact it.
Page 223 - But, in truth, the mere relation of the master and the servant never can imply an obligation on the part of the master to take more care of the servant than he may reasonably be expected to do of himself. He is no doubt bound to provide for the safety of his servant, in the course of his employment, to the best of his judgment, information and belief.
Page 22 - ... undertake that the above named will appear and answer the charge above mentioned, in whatever court it may be prosecuted, and will at all times hold himself amenable to the orders and process of the court, and if convicted, will appear for judgment and render himself in execution thereof, or if he fails to perform either of these conditions, that we will pay to the people of the State of California the sum of dollars (inserting the sum in which the defendant is admitted to bail).
Page 19 - The Probate Court shall have jurisdiction in probate and testamentary matters, the appointment of administrators and guardians, the settlement of the accounts of executors, administrators and guardians, and such jurisdiction in habeas corpus, the issuing of marriage licenses, and for the sale of land by executors, administrators and guardians, and such other jurisdiction in any county or counties
Page 82 - Am.Dec. 468, a ministerial act is thus defined: "A ministerial act may, perhaps, be defined to be one which a person performs in a given state of facts, in a prescribed manner, in obedience to the mandate of legal authority, without regard to, or the exercise of, his own judgment upon the propriety of the act being done.
Page 162 - Whenever a crime is distinguished into degrees, the jury, if they convict the defendant, must find the degree of the crime of which he is guilty.
Page 321 - ... the appellant will pay all costs and damages which may be awarded against him on the appeal...
Page 162 - In all other cases, the defendant may be found guilty of any offense the commission of which is necessarily included in that with which he is charged in the indictment