Reports of Cases Decided in the Supreme Court of the State of North Dakota, Volume 11
North Dakota. Supreme Court, Hiram A. Libby, Robert Milligan Carothers, Robert Dimon Hoskins, John McDowell Cochrane, Edgar Whittlesey Camp, Ames Francis Wilbur, Edwin James Taylor, Joseph Coghlan
Lawyers Co-operative Publishing Company, 1903
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action adverse possession affidavit affirmed agent agreed agreement alleged amount answer appeal application assessed attorney authority bank bond cause charge claim Codes complaint conclusion constitution construction contained contract convention counsel deed defendant defendant's delegates delivered demand determine directed district court duty effect election entered entire entitled error established evidence executed existence express fact filed follows further give given granted ground held interest issue judge judgment jury land language matter mortgage motion N. W. Rep necessary notice opinion original owner paid party payment persons plaintiff possession premises presented proceedings proper provisions purchase question reason received record reference refused relator respondent rule secure signed statement statute street sustained taken testimony thereof tion trial court vote witness writ written
Page 14 - The title of a person who negotiates an instrument is defective within the meaning of this act when he obtained the instrument, or any signature thereto, by fraud, duress or force and fear or other unlawful means, or for an illegal consideration or when he negotiates it in breach of faith, or under such circumstances as amount to a fraud.
Page 288 - Municipal and other corporations and Individuals invested with the privilege of taking private property for public use shall make just compensation for property taken, injured or destroyed by the construction or enlargement of their works, highways or improvements, which compensation shall be paid or secured before such taking, injury or destruction.
Page 482 - ... 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...
Page 281 - Private property shall not be taken or damaged for public use without just compensation having been first made to, or paid into Court for, the owner...
Page 490 - That whenever by the laws of a State, or by State authority, a tax, assessment, servitude, or other burden is imposed upon property for the public use, whether it be of the whole State or of some more limited portion of the community, and those laws provide for a mode of confirming or contesting the charge thus imposed, in the ordinary courts of justice, with such notice to the person, or such proceeding in regard to the property as is appropriate to the nature...
Page 239 - As to such signers there does not exist in the case a semblance of prejudice, either as a matter of fact or as a matter of law.
Page 100 - An appeal is taken by filing, with the Clerk of the Court in which the judgment or order appealed from is entered, a notice stating the appeal from the same, or some specific part thereof, and serving a similar notice on the adverse party or his attorney.
Page 127 - To employ, for the purpose of maintaining the causes confided to him, such means only as are consistent with truth, and never seek to mislead the judge or any judicial officer by an artifice or false statement of fact or law; 5.
Page 109 - York of the second part witnesseth that the said party of the first part for and in consideration of the sum of two hundred and seventy seven dollars money of account of the United States to him in hand paid by the said party of the second part...
Page 559 - ... when, during the litigation, it appears that the defendant is doing, or threatens, or is about to do, or is procuring or suffering to be done, some act in violation of the plaintiff's rights respecting the subject of the action, and tending to render the judgment ineffectual, a temporary injunction may be granted to restrain such act.