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
... Notice . 4. An order of court is not made without notice when it is expressly based on the terms and conditions of a former order , stating that when certain con- ditions have been complied with another order will be made without further ...
... Notice . 4. An order of court is not made without notice when it is expressly based on the terms and conditions of a former order , stating that when certain con- ditions have been complied with another order will be made without further ...
Page 30
... notice of appeal is not in compliance with the statute , and that the appeal should be dismissed on account of such defective notice . The defendant claims that it does not specify whether the appeal is from the whole of the order or ...
... notice of appeal is not in compliance with the statute , and that the appeal should be dismissed on account of such defective notice . The defendant claims that it does not specify whether the appeal is from the whole of the order or ...
Page 31
... notice . We do not think that this contention can be upheld . It appears that the order appealed from is based on the order of September 7th . That order was made after notice , and the parties appeared and presented evidence in the ...
... notice . We do not think that this contention can be upheld . It appears that the order appealed from is based on the order of September 7th . That order was made after notice , and the parties appeared and presented evidence in the ...
Page 35
... notice of claim or cause of injury is also considered in this note ( pages 757 et seq . ) . The question of contributory negligence of person injured on defective street is treated in notes in 21 L.R.A. ( N.S. ) 614 , and 47 Am . Rep ...
... notice of claim or cause of injury is also considered in this note ( pages 757 et seq . ) . The question of contributory negligence of person injured on defective street is treated in notes in 21 L.R.A. ( N.S. ) 614 , and 47 Am . Rep ...
Page 36
... Notice of Claim - - Obstructed Streets - Injury to Traveler Sufficiency . 9. Plaintiff filed a notice of claim with the city auditor in an attempt to comply with the provisions of §§ 2703 and 2704 , R. C. 1905. Plaintiff as- signed ...
... Notice of Claim - - Obstructed Streets - Injury to Traveler Sufficiency . 9. Plaintiff filed a notice of claim with the city auditor in an attempt to comply with the provisions of §§ 2703 and 2704 , R. C. 1905. Plaintiff as- signed ...
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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...