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 1
... granted to them , except in case of fraud or manifest abuse of such discretion . Drainage Boards - Drains - · Securing Outlet in Foreign Territory . 3. Under §§ 1821 and 1822 , Rev. Codes 1905 , as amended by chapter 93 , Laws of 1907 ...
... granted to them , except in case of fraud or manifest abuse of such discretion . Drainage Boards - Drains - · Securing Outlet in Foreign Territory . 3. Under §§ 1821 and 1822 , Rev. Codes 1905 , as amended by chapter 93 , Laws of 1907 ...
Page 2
... restrain the joint board of drain commissioners of Me- Henry and Bottineau counties . Order restraining joint drain board granted . Defendants appeal . Reversed . Geo . A. Bangs , for appellants . Drainage boards 2 21 NORTH DAKOTA REPORTS.
... restrain the joint board of drain commissioners of Me- Henry and Bottineau counties . Order restraining joint drain board granted . Defendants appeal . Reversed . Geo . A. Bangs , for appellants . Drainage boards 2 21 NORTH DAKOTA REPORTS.
Page 9
... granted , than would follow if the drainage board be now re- strained . Unless authorized by statute , under a fair and reasonable construc- tion of its provisions , no power exists in the board to do this work be- yond its own ...
... granted , than would follow if the drainage board be now re- strained . Unless authorized by statute , under a fair and reasonable construc- tion of its provisions , no power exists in the board to do this work be- yond its own ...
Page 11
... granted by express words . This general rule has , however , the qualification that such authorities may also do those things which are ' necessarily or fairly implied in or incident to the powers expressly granted . ' We have already ...
... granted by express words . This general rule has , however , the qualification that such authorities may also do those things which are ' necessarily or fairly implied in or incident to the powers expressly granted . ' We have already ...
Page 13
... granted the authority to make such improvement , to make it efficacious by extending it as far as necessary beyond the corporate limits . " In People ex rel . Murphy v . Kelly , 76 N. Y. 475 , the court said : " Nothing is here but the ...
... granted the authority to make such improvement , to make it efficacious by extending it as far as necessary beyond the corporate limits . " In People ex rel . Murphy v . Kelly , 76 N. Y. 475 , the court said : " Nothing is here but the ...
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affidavit affirmed alleged answer Appeal from District appellant's application assignment attorney Bank bankruptcy Beiseker Bottineau county Cass county cause of action cited claim Codes commissioners complaint contract corporation counsel cumulative voting debt deed defendant defendant's delivery denied directed verdict discharge district court divorce drain commissioners election error evidence ex rel executed facts favor fendant foreclosure held homestead insured Iowa issued judge judgment jurisdiction jury land Law & Proc lien mandamus McLean county ment Minn Minot mortgage mortgagor motion North Dakota notice Opinion filed parties payment Pehrsson plaintiff pleadings prerogative writ prior proceedings proof purchase question quiet title quitclaim deed reason res judicata respondent rule statute Stutsman county sufficient testimony therein thereof tion trial court verdict village vote voter Ward county warrants witness writ
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...