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 vii
... term of office shall be two years . SEC . 111. The county court shall have exclusive original jurisdic- tion in probate and testamentary matters , the appointment of admin- istrators and guardians , the settlement of the accounts of ...
... term of office shall be two years . SEC . 111. The county court shall have exclusive original jurisdic- tion in probate and testamentary matters , the appointment of admin- istrators and guardians , the settlement of the accounts of ...
Page 1
... term of said court , is dismissed by plaintiff's attorney of record , without prejudice for failure of plaintiff to appear when the case is called for trial , defendant's counsel and witnesses being in court , and ready for trial , and ...
... term of said court , is dismissed by plaintiff's attorney of record , without prejudice for failure of plaintiff to appear when the case is called for trial , defendant's counsel and witnesses being in court , and ready for trial , and ...
Page 6
... term at which it was dismissed . " At page 461 it is said : " A dismissal or nonsuit will often be set aside where a suit is meritorious and it appears that plaintiff was not culpably negligent , and no injury results to defendant , and ...
... term at which it was dismissed . " At page 461 it is said : " A dismissal or nonsuit will often be set aside where a suit is meritorious and it appears that plaintiff was not culpably negligent , and no injury results to defendant , and ...
Page 7
... terms . The petition is denied . JAMES SOULES and Roy Butler , Copartners , Doing Business under the Firm Name and Style of Soules & Butler , v . NORTHERN PACIFIC RAILWAY COMPANY , a Foreign Corporation . ( L.R.A.— , - 157 N. W. 823 ...
... terms . The petition is denied . JAMES SOULES and Roy Butler , Copartners , Doing Business under the Firm Name and Style of Soules & Butler , v . NORTHERN PACIFIC RAILWAY COMPANY , a Foreign Corporation . ( L.R.A.— , - 157 N. W. 823 ...
Page 23
... terms " common enemy " with the term " common law , " and have imagined that what is termed " the common - enemy theory , " and which relates merely to what are , strictly speaking , surface waters and waters which do not flow in ...
... terms " common enemy " with the term " common law , " and have imagined that what is termed " the common - enemy theory , " and which relates merely to what are , strictly speaking , surface waters and waters which do not flow in ...
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Common terms and phrases
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.