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 55
... court's instructions , or are without merit . Because of the error in instructing the jury referred to in para- graph 1 , the order of the District Court denying a new trial is reversed and a new trial granted . All concur . ADVANCE ...
... court's instructions , or are without merit . Because of the error in instructing the jury referred to in para- graph 1 , the order of the District Court denying a new trial is reversed and a new trial granted . All concur . ADVANCE ...
Page 101
... trial court , and no ruling of the trial court on that question is brought before us by this appeal . This court is only called upon to pass upon the order appealed from . It is not within its province to pass upon something which was ...
... trial court , and no ruling of the trial court on that question is brought before us by this appeal . This court is only called upon to pass upon the order appealed from . It is not within its province to pass upon something which was ...
Page 128
... Trial - Leading Questions - Discretion of Court . 2. The allowance of answers to leading questions or questions which assume facts not proven is strictly discretionary with trial judges , and unless there appears a clear abuse of that ...
... Trial - Leading Questions - Discretion of Court . 2. The allowance of answers to leading questions or questions which assume facts not proven is strictly discretionary with trial judges , and unless there appears a clear abuse of that ...
Page 130
... trial court did not abuse the judicial discretion vested in it , in denying the demand for such particulars , even conceding that trial courts may properly , under some circumstances , grant such request . We do not hold , in this case ...
... trial court did not abuse the judicial discretion vested in it , in denying the demand for such particulars , even conceding that trial courts may properly , under some circumstances , grant such request . We do not hold , in this case ...
Page 133
... trial that the verdict is not sustained by the evidence , or that it is against the evidence . The insufficiency of the evidence was nowhere raised or challenged before the trial court , so far as the record . shows . We cannot ...
... trial that the verdict is not sustained by the evidence , or that it is against the evidence . The insufficiency of the evidence was nowhere raised or challenged before the trial court , so far as the record . shows . We cannot ...
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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...