Reports of Cases Decided in the Supreme Court of the State of North Dakota, Volume 31North 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, 1916 |
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action affidavit affirmed agreement alleged amended appeal appellant's attorney Bank cable cause certificate cited claim Codes Comp Compiled Laws complaint contract contributory negligence corporation counsel court of equity damages dedication deed defendant defendant's delivery denied Dickey County district court elevator engineer entitled equity error escrow evidence ex rel fact granted indorsement injury instruction interpleader Iowa issue judgment jurisdiction jury land lien ment Minn mortgage motion N. Y. Supp negligence North Dakota notice Opinion filed owner P. R. Co paid park party payment person petition plaintiff plat pleadings premises proof purchase question quiet title reason record recover rule statement statute stockholders subrogated testified testimony thereof tion trial court trial de novo verdict veterinary dentistry Ward County warranty deed witness
Popular passages
Page 354 - The court may, before or after judgment, in furtherance of justice and on such terms as may be proper, amend any pleading, process, or proceeding, by adding or striking out the name of any party; or by correcting a mistake in the name of a party...
Page 586 - Every holder is deemed prima facie to be a holder in due course; but when it is shown that the title of any person who has negotiated the instrument was defective, the burden is on the holder to prove that he or some person under whom he claims acquired the title as a holder in due course.
Page 651 - From the time of the service of the summons in a civil action, or the allowance of a provisional remedy, the court is deemed to have acquired jurisdiction, and to have control of all the subsequent proceedings. A voluntary appearance of a defendant is equivalent to personal service of the summons upon him.
Page 375 - A defendant against whom an action is pending upon a contract, or for specific real or personal property, may, at any time before...
Page 90 - First, that plaintiffs must recover upon the strength of their own title, and not upon the weakness of that of their adversary : and, second, that in order to recover as owners, or at all, they must establish that title vested in them by a valid delivery of the Havlichecks...
Page 313 - There must be reasonable evidence of negligence. But where the thing is shown to be under the management of the defendant or its servants, and the accident is such as, in the ordinary course of things, does not happen if those who have the management use proper care, it affords reasonable evidence, in the absence of explanation by the defendant, that the accident arose from want of care.
Page 17 - No variance between the allegation in a pleading, and the proof, shall be deemed material, unless it has actually misled the adverse party to his prejudice, in maintaining his action or defense upon the merits...
Page 343 - The court may before or after judgment, in furtherance of justice and on such terms as may be proper, amend any pleading or proceeding, by adding or striking out the name of any party; or by correcting a mistake in the name of a party, or a mistake in any other respect...
Page 371 - ... whom it is to be served. The notice may also be served by post by a registered letter addressed to the person on whom it is to be served...
Page 696 - That the right of way for the construction of highways over public lands, not reserved for public uses, is hereby granted.