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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Resultados 1-5 de 99
Página 51
... construction upon archaic forms of pleading , so as to thereby deprive the plaintiff of his day in court . The judgment should be and is reversed , and a new trial awarded , with costs to the appellant . GRACE , J. , concurs . GILFORD ...
... construction upon archaic forms of pleading , so as to thereby deprive the plaintiff of his day in court . The judgment should be and is reversed , and a new trial awarded , with costs to the appellant . GRACE , J. , concurs . GILFORD ...
Página 52
... construction of this defendant company of its business instrumentalities . There is no question about the law on that point . Floyt v . Shenango Furnace Co. 186 Fed . 539 ; Bryce v . Southern R. Co. 125 Fed . 959 ; Mechem , Agency ...
... construction of this defendant company of its business instrumentalities . There is no question about the law on that point . Floyt v . Shenango Furnace Co. 186 Fed . 539 ; Bryce v . Southern R. Co. 125 Fed . 959 ; Mechem , Agency ...
Página 63
... construction inside the house , over which the defendant company had no control . Further , that there was no joint nor concerted negligence of the defendants ; that the specific acts of negligence , attempted to be established by the ...
... construction inside the house , over which the defendant company had no control . Further , that there was no joint nor concerted negligence of the defendants ; that the specific acts of negligence , attempted to be established by the ...
Página 102
... construction of the summons in this action discloses that there is $ 200 in contro- versy , and the interest is held to be claimed from the date of the sum- mons , that is , October 30th , 1916. As we view this case , the defend- ant ...
... construction of the summons in this action discloses that there is $ 200 in contro- versy , and the interest is held to be claimed from the date of the sum- mons , that is , October 30th , 1916. As we view this case , the defend- ant ...
Página 111
... construction for him that it will properly bear , and he must have the benefit of all reasonable inferences arising from his testimony , and it is only when his testimony , thus considered , could not legally sustain a verdict in his ...
... construction for him that it will properly bear , and he must have the benefit of all reasonable inferences arising from his testimony , and it is only when his testimony , thus considered , could not legally sustain a verdict in his ...
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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.