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 30
... objection urged that the notice does not in express words state whether the ap- peal is from the whole of the order or from a part thereof is technical , and not substantial . We think the notice substantially complies with the statute ...
... objection urged that the notice does not in express words state whether the ap- peal is from the whole of the order or from a part thereof is technical , and not substantial . We think the notice substantially complies with the statute ...
Page 42
... objection being that it ignored the question of their proper location . The language of the court indicated that it was necessary for the jury to find as to whether they were so placed that they would accomplish the purpose of warning ...
... objection being that it ignored the question of their proper location . The language of the court indicated that it was necessary for the jury to find as to whether they were so placed that they would accomplish the purpose of warning ...
Page 63
... objection . Whether these rulings constituted 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 ...
... objection . Whether these rulings constituted 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 ...
Page 70
... objection of defendant , was allowed to introduce in evidence a purported copy of a United States stamp for special tax certified to by the city auditor of Mandan . Held , error for the reason that the statute ( Laws 1897 , chap . 189 ) ...
... objection of defendant , was allowed to introduce in evidence a purported copy of a United States stamp for special tax certified to by the city auditor of Mandan . Held , error for the reason that the statute ( Laws 1897 , chap . 189 ) ...
Page 74
... objection . In this connection the words " wilfully " and " intentionally " are synonymous . In many cases con- struing these words in statutes , they are held synonymous , although the word " wilfully " is in other cases construed to ...
... objection . In this connection the words " wilfully " and " intentionally " are synonymous . In many cases con- struing these words in statutes , they are held synonymous , although the word " wilfully " is in other cases construed to ...
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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...