Reports of Cases Decided in the Supreme Court of the State of North Dakota, 46±ÇNorth 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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... concurs . GRACE , J. ( concurring specially ) . This is an appeal from an order granting a new trial . It has been repeatedly held by this court that the trial court has a wide discretion which it may exercise in granting a new trial ...
... concurs . GRACE , J. ( concurring specially ) . This is an appeal from an order granting a new trial . It has been repeatedly held by this court that the trial court has a wide discretion which it may exercise in granting a new trial ...
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... concur . GRACE , J. ( specially concurring ) . This action , as appears from the amended complaint , is brought to recover damages for $ 13,150 for per- sonal injuries claimed to have been sustained by plaintiff , through the negligence ...
... concur . GRACE , J. ( specially concurring ) . This action , as appears from the amended complaint , is brought to recover damages for $ 13,150 for per- sonal injuries claimed to have been sustained by plaintiff , through the negligence ...
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... concur . BIRDZELL , J. , did not participate . CHRISTIANSON , Ch . J. ( concurring specially ) . The property in- volved in this controversy originally belonged to one Gottlieb Grounitz . He was a widower with three children , -Emil ...
... concur . BIRDZELL , J. , did not participate . CHRISTIANSON , Ch . J. ( concurring specially ) . The property in- volved in this controversy originally belonged to one Gottlieb Grounitz . He was a widower with three children , -Emil ...
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... concur in these conclusions . I believe that the judgment was void even though the affidavit for publication be considered sufficient . The court confessedly never had jurisdiction over the persons of the defendants in the action . At ...
... concur in these conclusions . I believe that the judgment was void even though the affidavit for publication be considered sufficient . The court confessedly never had jurisdiction over the persons of the defendants in the action . At ...
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... court . The judgment is affirmed , with costs . CHRISTIANSON , Ch . J. , and GRACE and BIRDZELL , JJ . , concur . ROBINSON , J. I dissent . E. H. GRIFFIN , Respondent , v . ERNEST WIESE SHIRLEY v . COAL FIELD SCHOOL DISTRICT 57.
... court . The judgment is affirmed , with costs . CHRISTIANSON , Ch . J. , and GRACE and BIRDZELL , JJ . , concur . ROBINSON , J. I dissent . E. H. GRIFFIN , Respondent , v . ERNEST WIESE SHIRLEY v . COAL FIELD SCHOOL DISTRICT 57.
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affiant affidavit affirmed Albertina alleged amount appeal application assignment attorney banking board BIRDZELL BRONSON cancelation cause of action Cavalier county certificate certificate of deposit charge CHRISTIANSON claim Comp complaint concur contract contract for deed contributory negligence corporation crop deed default defendant defendant's denied deposit determine district court effect election entitled evidence ex rel examiner fact fendant fraud further garnishee Gronke Heine held Herman Krause injury involved issue J. B. Streeter judge judgment jury land Laws liability libel loan matter ment mortgage Myrdal negligence North Dakota notice October Opinion filed original jurisdiction owner paid party payment person petition plaintiff possession premises proceedings purchase question Railroad reason received record register of deeds respondents Rolette County slush funds statute testified testimony thereof threshing tion Towner county trial court Tuttle verdict Ward County witnesses
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106 ÆäÀÌÁö - To constitute notice of an infirmity in the instrument or defect in the title of the person negotiating the same, the person to whom it is negotiated must have had actual knowledge of the infirmity or defect, or knowledge of such facts that his action in taking the instrument amounted to bad faith.
544 ÆäÀÌÁö - Provided, however, That if the loss, damage, or injury complained of was due to delay or damage while being loaded or unloaded, or damaged in transit by carelessness or negligence, then no notice of claim nor filing of claim shall be required as a condition precedent to recovery.
505 ÆäÀÌÁö - By the law of the land is most clearly intended the general law ; a law which hears before it condemns ; which proceeds upon inquiry, and renders judgment only after trial.
309 ÆäÀÌÁö - The supreme court, except as otherwise provided in this Constitution, shall have appellate jurisdiction only, which shall be co-extensive with the State, and shall have a general superintending control over all inferior courts, under such regulations and limitations as may be prescribed by law.
305 ÆäÀÌÁö - That carriers while under Federal control shall be subject to all laws and liabilities as common carriers, whether arising under state or Federal laws or at common law, except in so far as may be inconsistent with the provisions of this act or any other act applicable to such Federal control or with any order of the President.
596 ÆäÀÌÁö - Any agreement, declaration, or course of action on the part of an insurance company which leads a party insured honestly to believe that by conforming thereto a forfeiture of his policy will not be incurred, followed by due conformity on his part, will and ought to estop the company from insisting upon the forfeiture, though it might be claimed under the express letter of the contract.
678 ÆäÀÌÁö - Libel is a false and unprivileged publication by writing, printing, picture, effigy, or other fixed representation to the eye, which exposes any person to. hatred, contempt, ridicule, or obloquy, or which causes him to be shunned or avoided, or which has a tendency to injure him in his occupation.
281 ÆäÀÌÁö - One of the tests that a contract has been impaired is, that its value has by legislation -been diminished. It is not by the Constitution to be impaired at all. This is not a question of degree or manner or cause, but of encroaching in any respect on its obligation, — dispensing with any part of its force.
480 ÆäÀÌÁö - Upon taking possession of the property and business of such bank, the superintendent of banks is authorized to collect moneys due to such bank, and to do such other acts as are necessary to conserve its assets and business, and shall proceed to liquidate the affairs thereof as hereinafter provided.
50 ÆäÀÌÁö - By ¡× 2448 it is provided that "where patents for public lands have been or may be issued, in pursuance of any law of the United States, to a person who had died, or who hereafter dies, before the date of such patent, the title to the land designated therein shall inure to and become vested in the heirs, devisees or assignees of such deceased patentee as if the patent had issued to the deceased person during life.