Reports of Cases Decided in the Supreme Court of the State of North Dakota, Volume 34North Dakota. Supreme Court, Hiram A. Libby, Robert Milligan Carothers, Robert Dimon Hoskins, Ames Francis Wilbur, Edgar Whittlesey Camp, John McDowell Cochrane, Edwin James Taylor, Joseph Coghlan Lawyers Co-operative Publishing Company, 1917 |
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Page 17
... ground for a new trial . This is true even though no request was made . 2 Thomp . Trials , § 2188 ; Citizens ' Street R. Co. v . Burke , 98 Tenn . 650 , 40 S. W. 1085 , 2 Am . Neg . Rep . 459 ; Houston & T. C. R. Co. v . Buchanan , 38 ...
... ground for a new trial . This is true even though no request was made . 2 Thomp . Trials , § 2188 ; Citizens ' Street R. Co. v . Burke , 98 Tenn . 650 , 40 S. W. 1085 , 2 Am . Neg . Rep . 459 ; Houston & T. C. R. Co. v . Buchanan , 38 ...
Page 24
... ground was more nearly saturated with water , springs came to the surface and fed streams which flowed more or less constantly down these channels , but , as the land was cleared and brought under cultivation , the springs gradually ...
... ground was more nearly saturated with water , springs came to the surface and fed streams which flowed more or less constantly down these channels , but , as the land was cleared and brought under cultivation , the springs gradually ...
Page 25
... ground that the common law had been adopted by statute , and that therefore there was a right to dam back the water . But , it having been demonstrated in a preceding section that by the common law there is no right to dam back the ...
... ground that the common law had been adopted by statute , and that therefore there was a right to dam back the water . But , it having been demonstrated in a preceding section that by the common law there is no right to dam back the ...
Page 26
... ground . And , if the courts would recognize the fact that the right to the flow of the water which has taken a definite course is a rule of drainage , and not of water courses , most of the diffi- culty which they have experienced ...
... ground . And , if the courts would recognize the fact that the right to the flow of the water which has taken a definite course is a rule of drainage , and not of water courses , most of the diffi- culty which they have experienced ...
Page 31
... ground , but the storm in July , 1911 , lasted about half an hour . There is also evidence that the ditch or natural drain way before it enters into the culvert was about 2 or 3 feet at the bottom and 6 or 7 feet at the top , and that ...
... ground , but the storm in July , 1911 , lasted about half an hour . There is also evidence that the ditch or natural drain way before it enters into the culvert was about 2 or 3 feet at the bottom and 6 or 7 feet at the top , and that ...
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Popular passages
Page 302 - Where the variance Is not material, as provided in the last section, the Court may direct the fact to be found according to the evidence, or may order an immediate amendment, without costs.
Page 495 - Property destined to or taken from a station, wharf, or landing at which there is no regularly appointed agent shall be entirely at risk of owner after unloaded from cars or vessels or until loaded into cars or vessels, and...
Page 619 - His refusal or neglect to take his oath of office, or to give or renew his official bond, or to deposit such oath or bond within the time prescribed by law. 7. The decision of a competent tribunal declaring void his election or appointment.
Page 657 - ... no certificate shall be given or patent issued therefor until the expiration of five years from the date of such entry; and if, at the expiration of such time or at any time within two years thereafter, the person making such entry; or, if he be dead, his widow; or, in case of her death, his heirs or devisee...
Page 302 - Court, and in what respect he has been misled; and thereupon the Court may order the pleading to be amended, upon such terms as shall be just "Sec.
Page 381 - No tax shall be levied, except in pursuance of law; and every law imposing a tax, shall state, distinctly, the object of the same, to which only, it shall be applied.
Page 97 - ... and certified by the seller, transferrer or assignor under oath to be a full, accurate and complete list of his creditors and of his indebtedness...
Page 500 - The primary object of the constitutional provision in question was to prevent depositions or ex parte affidavits, such as were sometimes admitted in civil cases, being used against the prisoner in lieu of a personal examination and cross-examination of the witness...
Page 277 - Probable cause, which will justify a criminal accusation, is a reasonable ground of suspicion, supported by circumstances sufficiently strong In themselves to warrant a cautious man in his belief that the person accused is guilty of the offense with which he is charged.
Page 245 - First, if the verdict be for a plaintiff, that he is entitled to the possession of the property described in the complaint, or some part thereof, or some undivided share or interest in either, and the nature and duration of his estate in such property, part thereof, or undivided share or interest in either, as the case may be.