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 8
... question for . 5. Evidence examined , and held not to be such as to justify a holding , as a matter of law , that the storm in question was so unprecedented that it should not have been anticipated , but rather that the fact was one for ...
... question for . 5. Evidence examined , and held not to be such as to justify a holding , as a matter of law , that the storm in question was so unprecedented that it should not have been anticipated , but rather that the fact was one for ...
Page 9
... question to be decided is : " Considering the rains of the past , the topographical and climatic conditions of the region , and the nature of the drainage basin as to the perviousness of the soil , the presence or absence of trees or ...
... question to be decided is : " Considering the rains of the past , the topographical and climatic conditions of the region , and the nature of the drainage basin as to the perviousness of the soil , the presence or absence of trees or ...
Page 20
... question of an act of God is a matter of affirmative defense , and must be established by defendant that it could not , by ordinary care , have guarded against such act or occurrence . Missouri P. R. Co. v . Hemingway , 63 Neb . 610 ...
... question of an act of God is a matter of affirmative defense , and must be established by defendant that it could not , by ordinary care , have guarded against such act or occurrence . Missouri P. R. Co. v . Hemingway , 63 Neb . 610 ...
Page 21
... question was occasioned by the obstruction of a flowing stream , but rather by the obstruction of a natural water course which served as a natural drainage for surface and storm waters , and which on the occa- sion in question was ...
... question was occasioned by the obstruction of a flowing stream , but rather by the obstruction of a natural water course which served as a natural drainage for surface and storm waters , and which on the occa- sion in question was ...
Page 22
... question whose determination should depend upon considerations of public ex- pediency and necessity , and be considered in the light of the peculiar topography and climatic conditions of the state , and to whose wise solutions every ...
... question whose determination should depend upon considerations of public ex- pediency and necessity , and be considered in the light of the peculiar topography and climatic conditions of the state , and to whose wise solutions every ...
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affirmed agent alleged amount appeal appellant's attorney authority Bank bill of lading Bottineau county cause of action Chicago cited claim Comp Compiled Laws complaint contract contributory negligence counsel culvert damages defendant defendant's denied dismissal district court duty elevator evidence ex rel fact favor fraud ground held injury interest Iowa issue Jacob Rosenberg judgment jurisdiction jury lake land liability lien loan Lumber matter mechanic's lien ment Minn mortgage motion North Dakota Opinion filed owner P. R. Co paid parties payment person petition plaintiff pleadings possession prior proof question quiet title railway company reason received recover respondent rule Schootz Smith statute sufficient term testified testimony thereof tion trial court trial de novo verdict Ward county witness
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.