Reports of Cases Decided in the Supreme Court of the State of North Dakota, Volume 11North 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 |
From inside the book
Results 1-5 of 81
Page 25
... agreed to be waived would be voluntary . But when made without con- ditions , and to avoid the enforcement of the judgment by due process of law , an appeal is not thereby barred . Because a person does not wish to risk the sacrifice of ...
... agreed to be waived would be voluntary . But when made without con- ditions , and to avoid the enforcement of the judgment by due process of law , an appeal is not thereby barred . Because a person does not wish to risk the sacrifice of ...
Page 40
... agreed to sell said land to the defendant Ole L. Olson , and that Olson took possession of the land under said agreement . Later , and on August 25 , 1896 , Powell , by a deed of war- ranty executed and delivered by him , conveyed or ...
... agreed to sell said land to the defendant Ole L. Olson , and that Olson took possession of the land under said agreement . Later , and on August 25 , 1896 , Powell , by a deed of war- ranty executed and delivered by him , conveyed or ...
Page 53
... agreed that in the event of any failure to pay said principal or interest notes , or any part thereof , when due and payable , said second party , or his successors or assigns , shall be , and is hereby , authorized to take immediate ...
... agreed that in the event of any failure to pay said principal or interest notes , or any part thereof , when due and payable , said second party , or his successors or assigns , shall be , and is hereby , authorized to take immediate ...
Page 56
... agreed to be accepted in satisfaction . Specific Performance . The defendant , through an equitable defense and counterclaim , seeks to compel the plaintiff to specifically perform his covenants contained in a written contract wherein ...
... agreed to be accepted in satisfaction . Specific Performance . The defendant , through an equitable defense and counterclaim , seeks to compel the plaintiff to specifically perform his covenants contained in a written contract wherein ...
Page 57
... agreed to sell and plaintiff agreed to purchase the land above described upon the conditions and terms stipulated in said contract , which contract was attached to and made a part of the answer ; that on the 2d day of June , A. D. 1900 ...
... agreed to sell and plaintiff agreed to purchase the land above described upon the conditions and terms stipulated in said contract , which contract was attached to and made a part of the answer ; that on the 2d day of June , A. D. 1900 ...
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Common terms and phrases
adverse possession affidavit affirmed agent agreement alleged answer Appeal from District application assessed authority ballot bank bond Bullamore Cass County cited claim Codes commissioners complaint conclusion constitution contract convention counsel court of equity deed defendant defendant's delegates delivered demand determine district court drain election entered entitled error evidence executed fact fendant filed follows foreclosure further held issue Jones judge judgment jurisdiction jury land legislative McHenry county McIntosh county ment mortgage motion N. W. Rep Nelson county North Dakota notice opinion owner paid party payment personal property Pierce county plaintiff possession precinct premises prerogative writ presented proceedings provisions purchase purpose question quiet title quo warranto real estate reason refused relator respondent Richland county rule signed state's attorney statute street sureties sustained taxes testified testimony thereof tion trial court verdict vote Wipperman writ
Popular passages
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.