Reports of Cases Decided in the Supreme Court of the State of North Dakota, Volume 44North 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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Página 11
... amount claimed . There is error , however , in the verdict in that the jury purports to relieve the defendant Hellickson from liability for a portion of the sum found against the defendants , when , under the charge of the court and ...
... amount claimed . There is error , however , in the verdict in that the jury purports to relieve the defendant Hellickson from liability for a portion of the sum found against the defendants , when , under the charge of the court and ...
Página 12
... amount of mortgage is abuse of process . Where certain chattel mortgages were foreclosed by an action , and a sum- mons was issued which claimed to recover , from the defendant , more than four times the amount actually owing upon the ...
... amount of mortgage is abuse of process . Where certain chattel mortgages were foreclosed by an action , and a sum- mons was issued which claimed to recover , from the defendant , more than four times the amount actually owing upon the ...
Página 14
... amount of personal property consisting of horses , machinery , cattle and oats , and some other property , all of the alleged value of $ 2,500 . The complaint further shows that , on the 8th day of December , 1915 , there was due on ...
... amount of personal property consisting of horses , machinery , cattle and oats , and some other property , all of the alleged value of $ 2,500 . The complaint further shows that , on the 8th day of December , 1915 , there was due on ...
Página 15
... amount due on the mortgages , all of which was known to defendant at the time of the seizure ; and that he knew that the grain was more than sufficient to pay the indebtedness , and knew the same could be sold , under the mortgage ...
... amount due on the mortgages , all of which was known to defendant at the time of the seizure ; and that he knew that the grain was more than sufficient to pay the indebtedness , and knew the same could be sold , under the mortgage ...
Página 18
... amount than was owing it from the plaintiffs . The defendant , in its foreclosure action , sought to recover $ 2,137.64 . This was more than four times the amount which the plaintiffs owed it . The defendant knew this , so the complaint ...
... amount than was owing it from the plaintiffs . The defendant , in its foreclosure action , sought to recover $ 2,137.64 . This was more than four times the amount which the plaintiffs owed it . The defendant knew this , so the complaint ...
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Palavras e frases frequentes
16th Amendment adopted affirmed agent alleged amendment or amendments amount appears attorney authority bank bill BIRDZELL bonds Bottineau county CHRISTIANSON claims Comp complaint concur constitutional amendment constitutional provisions contract corporation county seat deed defendant defendant's District Court Dourine effect election electors Eliada enacted evidence ex rel executed express fact foreclosure fund Glanders granted held initiative and referendum initiative petition involved issued judgment judicial jurisdiction jury Kernkamp land lative legal votes cast legislative assembly legislature liability majority ment Middlewest Grain mortgage Morton county negligence North Dakota operation Opinion filed paid parties payment person petition plaintiff proceedings proposed amendment purchase purpose question real estate reason received record relator respondent Schulz session shows stare decisis statute submitted testimony therein thereof Thorson tion trial court verdict voters Ward County warrant Wehe wires writ
Passagens conhecidas
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...
Página 220 - State, has departed therefrom, with intent to defraud his creditors, or to avoid the service of a summons, or keeps himself concealed therein with the like intent ; 3.