Reports of Cases Decided in the Supreme Court of the State of North Dakota, Volume 21North 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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Page 27
... Error - Notice of Appeal - Appeal from an Order and from the Whole Thereof . 1. A notice of appeal to this court is sufficient where it states that the appeal is from an order , fully describing it , although it does not expressly state ...
... Error - Notice of Appeal - Appeal from an Order and from the Whole Thereof . 1. A notice of appeal to this court is sufficient where it states that the appeal is from an order , fully describing it , although it does not expressly state ...
Page 42
... error , we are not clear that it was prejudicial , but we think it was admissible to aid in determining the degree of care exercised by the driver . It was limited to this purpose , when offered . The jury was entitled to know the ...
... error , we are not clear that it was prejudicial , but we think it was admissible to aid in determining the degree of care exercised by the driver . It was limited to this purpose , when offered . The jury was entitled to know the ...
Page 54
... Error is assigned because respondent was permitted to testify as to the custom regarding walking on the track . We are disposed to view this as immaterial , but its admission nonprejudicial . ( c ) We think it was error to admit ...
... Error is assigned because respondent was permitted to testify as to the custom regarding walking on the track . We are disposed to view this as immaterial , but its admission nonprejudicial . ( c ) We think it was error to admit ...
Page 63
... error , it is unnecessary to determine . Wheth- er correct or not , the fact remains that , as the record stands , there was nothing upon which the jury could base a finding as to damages , and it was , therefore , error to submit the ...
... error , it is unnecessary to determine . Wheth- er correct or not , the fact remains that , as the record stands , there was nothing upon which the jury could base a finding as to damages , and it was , therefore , error to submit the ...
Page 70
... Error - Testi- Intoxicating Liquors mony of Detectives . 2. The admission of such exhibit , while error , was nonprejudicial for the reason that the fact of defendant's guilt was established by the direct , positive , and wholly ...
... Error - Testi- Intoxicating Liquors mony of Detectives . 2. The admission of such exhibit , while error , was nonprejudicial for the reason that the fact of defendant's guilt was established by the direct , positive , and wholly ...
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Popular passages
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 236 - Whether a party is guilty of negligence, or not, is a question of fact for the jury, and not a question of law for the court to decide, when the evidence tends to establish such negligence.
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...
Page 96 - It certainly is very desirable that these matters should be based upon certain and intelligible principles, and that the measure of damages for the breach of a contract for the...