Reports of Cases Decided in the Supreme Court of the State of North Dakota, Volume 44
North Dakota. Supreme Court, Hiram A. Libby, Robert Milligan Carothers, Robert Dimon Hoskins, Edgar Whittlesey Camp, Joseph Coghlan, John McDowell Cochrane, Ames Francis Wilbur, Edwin James Taylor
Lawyers Co-operative Publishing Company, 1922
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action adopted affirmed agent alleged amendment amount appears application attorney authority bank bill bonds cause claims Comp Company complaint concerning concur consideration considered Constitution construction contained contention contract corporation costs decision deed defendant determine direct district duty effect election enacted entered evidence ex rel executed exercise existing express fact filed follows fund further given Grain granted ground held initiative intention interest involved issued judgment jurisdiction jury land legislative assembly legislature liability majority manner matter meaning ment mortgage North Dakota officers operation opinion paid parties passed payment person petition plaintiff presented principle proceedings proposed purchase question reason received record referred relator respondent result rule Senate session shows statute submitted sufficient testimony thereof tion trial court verdict votes cast warrant
Página 506 - Equity is a Roguish thing, for Law we have a measure, know what to trust to, Equity is according to the Conscience of him that is Chancellor, and as that is larger or narrower, so is Equity. 'Tis all one as if they should make the Standard for the measure, we call [a Foot] a Chancellor's Foot, what an uncertain Measure would this be?
Página 506 - Equity is a roguish thing ; for law we have a measure, know what to trust to ; equity is according to the conscience of him that is Chancellor, and as that is larger or narrower, so is equity. 'Tis all one as if they should make the standard for the measure we call a foot...
Página 518 - Petitions and orders for the initiative and for the referendum shall be filed with the Secretary of State, and in submitting the same to the people he, and all other officers, shall be guided by the general laws and the act submitting this amendment, until legislation shall be especially provided therefor.
Página 157 - All political power is inherent in the people. Government is instituted for the protection, security, and benefit of the people, and they have the right to alter or reform the same whenever the public good may require it.
Página 365 - In an action for libel or slander, it is not necessary to state in the complaint, any extrinsic facts, for the purpose of showing the application to the plaintiff, of the defamatory matter out of which the cause of action arose ; but it is sufficient to state generally, that the same was published or spoken concerning the plaintiff, and if such allegation be controverted, the plaintiff must establish, on the trial, that it was so published or spoken.
Página 279 - ... no bill shall become a law unless on its final passage the vote be taken by yeas and nays, the names of the persons voting for and against the same be entered on the journal, and a majority of the members elected to each House be recorded thereon as voting in its favor.
Página 324 - ... is legitimate only in the last resort, and as a necessity in the determination of real, earnest and vital controversy between individuals. It never was the thought that, by means of a friendly suit, a party beaten in the legislature could transfer to the courts an inquiry as to the constitutionality of the legislative act.
Página 575 - Homicide is also justifiable when committed by any person in either of the following cases: "(1) When resisting any attempt to murder such person, or to commit any felony upon him or her, or upon or In any dwelling house In which such person shall be...
Página 185 - ... by a majority of all the members elected to each house, then it shall be the duty of the legislature to...