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
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Page xvii
... execution of his trust . Later , and in the month of July , 1895 , an accounting was had by the defendant with respect to such trust before the district court for Grand Forks county , and such proceed- ings were , had at such accounting ...
... execution of his trust . Later , and in the month of July , 1895 , an accounting was had by the defendant with respect to such trust before the district court for Grand Forks county , and such proceed- ings were , had at such accounting ...
Page 10
... executed , does not authorize an indorsee , who has procured the indorsement of a negotiable instrument in a gambling transaction , to rely upon the indorsement so procured , either against the indorser or the maker of the instrument ...
... executed , does not authorize an indorsee , who has procured the indorsement of a negotiable instrument in a gambling transaction , to rely upon the indorsement so procured , either against the indorser or the maker of the instrument ...
Page 11
... executed the gambling contract . The bank had no concern with appellant's remedy against the gambler . As be- tween ... executed contracts is stated in Morris v . Heinrath 101 Mass . 366 , to be that either party to an illegal contract ...
... executed the gambling contract . The bank had no concern with appellant's remedy against the gambler . As be- tween ... executed contracts is stated in Morris v . Heinrath 101 Mass . 366 , to be that either party to an illegal contract ...
Page 16
... executed , the court will not rescind it ; if executory , the court will not aid in its execution . " And in Atwood v . Fisk , 101 Mass . 363 , 100 Am . Dec. 124 : " It will not recognize a right of ac- tion founded on the illegal ...
... executed , the court will not rescind it ; if executory , the court will not aid in its execution . " And in Atwood v . Fisk , 101 Mass . 363 , 100 Am . Dec. 124 : " It will not recognize a right of ac- tion founded on the illegal ...
Page 17
... executed tran- saction , and that , accordingly , under the foregoing rule , the plain- tiff lost all of his rights in the check , and that Maxwell acquired the same . In support of this position counsel for appellant cite Reed v . Bond ...
... executed tran- saction , and that , accordingly , under the foregoing rule , the plain- tiff lost all of his rights in the check , and that Maxwell acquired the same . In support of this position counsel for appellant cite Reed v . Bond ...
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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.