Reports of Cases Decided in the Supreme Court of the State of North Dakota, Том 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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Стр. 6
... alleged to have been converted by the defendant , it is held the verdict is sustained by the evidence . Opinion filed December 10 , 1919 . This is an appeal from the District Court of Ward County , K. E. Leighton , J. Judgment affirmed ...
... alleged to have been converted by the defendant , it is held the verdict is sustained by the evidence . Opinion filed December 10 , 1919 . This is an appeal from the District Court of Ward County , K. E. Leighton , J. Judgment affirmed ...
Стр. 7
... alleged value of $ 400 , belonging to defendant there- on , which plaintiff used and fed to the stock , claiming a right to do so under the terms of the lease , the defendant claiming conversion there- of by plaintiff . The defendant ...
... alleged value of $ 400 , belonging to defendant there- on , which plaintiff used and fed to the stock , claiming a right to do so under the terms of the lease , the defendant claiming conversion there- of by plaintiff . The defendant ...
Стр. 12
... alleging that the warrant of seizure was maliciously and wilfully issued , with such knowledge . It is held , the ... allegations of his complaint . Opinion filed December 13 , 1919 . Appeal from a judgment of the District Court of ...
... alleging that the warrant of seizure was maliciously and wilfully issued , with such knowledge . It is held , the ... allegations of his complaint . Opinion filed December 13 , 1919 . Appeal from a judgment of the District Court of ...
Стр. 14
... allegations of the com- plaint was excluded . In other words , if the complaint in this action states facts sufficient to constitute a cause of action , the trial court was in error in excluding evidence offered to prove the facts alleged ...
... allegations of the com- plaint was excluded . In other words , if the complaint in this action states facts sufficient to constitute a cause of action , the trial court was in error in excluding evidence offered to prove the facts alleged ...
Стр. 16
... allegations substantiate those of the complaint ; for the sole ques- tion is : Does the complaint state facts sufficient to constitute a cause of action ? We are thoroughly convinced it does . It was reversible error to exclude evidence ...
... allegations substantiate those of the complaint ; for the sole ques- tion is : Does the complaint state facts sufficient to constitute a cause of action ? We are thoroughly convinced it does . It was reversible error to exclude evidence ...
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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
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Стр. 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?
Стр. 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...
Стр. 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.
Стр. 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.
Стр. 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.
Стр. 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.
Стр. 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.
Стр. 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...
Стр. 185 - ... by a majority of all the members elected to each house, then it shall be the duty of the legislature to...
Стр. 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.