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. 95
... meaning of the word " claims " which might be thought not to include such liens , judgments , encumbrances , or taxes . Concrete Steel Co. v . Illinois Surety Co. ( Wis ) 157 N. W. 543 . The word " claim " implies that the right is in ...
... meaning of the word " claims " which might be thought not to include such liens , judgments , encumbrances , or taxes . Concrete Steel Co. v . Illinois Surety Co. ( Wis ) 157 N. W. 543 . The word " claim " implies that the right is in ...
Стр. 100
... ( meaning the district court ) over the subject- matter of the action , which motion was granted and an order by the district court , Honorable Judge Nuessle , made , dismissing , setting aside , and reversing all proceedings had in the ...
... ( meaning the district court ) over the subject- matter of the action , which motion was granted and an order by the district court , Honorable Judge Nuessle , made , dismissing , setting aside , and reversing all proceedings had in the ...
Стр. 109
... meaning con- tended for by appellant . The language complained of was contained in an instruction wherein the jury were told that they were " the sole and exclusive judges of the credibility of the witnesses , and the weight to be given ...
... meaning con- tended for by appellant . The language complained of was contained in an instruction wherein the jury were told that they were " the sole and exclusive judges of the credibility of the witnesses , and the weight to be given ...
Стр. 127
... meaning of a particular phrase , " a majority of all the legal votes cast , " has been consistently followed and adopted in this state ever since statehood , and has been repeatedly followed by decisions of this court , thus ...
... meaning of a particular phrase , " a majority of all the legal votes cast , " has been consistently followed and adopted in this state ever since statehood , and has been repeatedly followed by decisions of this court , thus ...
Стр. 128
... meaning of such provision is clear and unambiguous , legis- lative construction thereof is entitled to no weight ; but if the meaning is doubtful , a practical construction thereof by the legislature will be followed by the courts if it ...
... meaning of such provision is clear and unambiguous , legis- lative construction thereof is entitled to no weight ; but if the meaning is doubtful , a practical construction thereof by the legislature will be followed by the courts if it ...
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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.