Reports of Cases Decided in the Supreme Court of the State of North Dakota, Volume 21
North 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, 1912
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action affidavit affirmed alleged amount answer appeal application assignment attorney authorities Bank cause charge circumstances cited claim Codes complaint considered Constitution construction contention contract corporation counsel criminal crop Dakota damages deed defendant defendant's denied determine directed discretion district court duty effect election engineer entered entitled error evidence ex rel executed exercise existence facts filed follows further give given granted ground held hold instructions interest Iowa issued judge judgment jurisdiction jury land lien light matter Minn mortgage motion necessary North notice objection offense offered opinion owner party passed payment person plaintiff possession prior proceedings proof purchase question reason received record referred relating respondent rule secure statute sufficient sustained taken testimony thereof tion trial court verdict village vote warrant wife witness
Page 174 - 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 474 - If any bill shall not be returned by the Governor within three days (Sundays excepted) after it shall have been presented to him, the same shall be a law in like manner as if he had signed it, unless the Assembly by adjournment prevent its return, in which case it shall not be a law.
Page 41 - Plaintiff fell into the trench and was injured, and the court held that the question, of contributory negligence was properly submitted to the jury...
Page 107 - One who gains a thing by fraud, accident, mistake, undue influence, the violation of a trust, or other wrongful act, is, unless he has some other and better right thereto, an involuntary trustee of the thing gained, for the benefit of the person who would otherwise have had it.
Page 488 - That no lands acquired under the provisions of this act shall in any event become liable to the satisfaction of any debt or debts contracted prior to the issuing of the patent therefor.
Page 279 - ... 1. The surviving husband or wife, or some competent person whom he or she may request to have appointed; 2.
Page 225 - ... in its discretion, and upon such terms as may be just, at any time within one year after notice thereof, relieve a party from a judgment, order or other proceeding, taken against him through his mistake, inadvertence, surprise, or excusable neglect, and may supply an omission in any proceeding...
Page 90 - THIS INDENTURE, made this day of , in the year One thousand, nine hundred and , between of , the party of the first part...