Reports of Cases Decided in the Supreme Court of the State of North Dakota, Band 19
North Dakota. Supreme Court, Hiram A. Libby, Robert Milligan Carothers, Robert Dimon Hoskins, Edgar Whittlesey Camp, John McDowell Cochrane, Ames Francis Wilbur, Joseph Coghlan, Edwin James Taylor
Lawyers Co-operative Publishing Company, 1912
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action administrator adverse possession alleged amount answer appeal application attorney authorities Bank building cause certificate charge cited claim Codes complaint conclusion condition consideration considered Constitution construction contention contract counsel Dakota decision decree deed defendant defendant's denied determine directed district court duty effect entered entitled error evidence executed executor facts failed Fargo favor filed final findings follows give given ground held holding intended interest issued judge judgment jurisdiction jury land liability lien limit liquors material matter means mortgage motion necessary North notice objection opinion owner paid parties payment person plaintiff possession presented proceedings proof proper purchase question rates reason received record reference relation respondent result rule statement statute sufficient testimony thereof tion trust verdict warranty witness
Seite 40 - Be it therefore enacted, that whensoever the death of a person shall be caused by wrongful act, neglect or default, and the act, neglect or default is such as would (if death had not ensued) have entitled the party injured to maintain an action and recover damages in respect thereof...
Seite 610 - The court may, before or after judgment in furtherance of justice and on such terms as may be proper, amend any pleading, process or proceeding by adding or striking out the name of any party; or by correcting a mistake in the name of a party...
Seite 512 - By a valid tender of payment made by a prior party. 5. By a release of the principal debtor, unless the holder's right of recourse against the party secondarily liable is expressly reserved. 6. By any agreement binding upon the holder to extend the time of payment, or to postpone the holder's right to enforce the instrument, unless made with the assent of the party secondarily liable, or unless the right of recourse against such party is expressly reserved.
Seite 433 - It is a most general rule that no allegation which is descriptive of the identity of that which is legally essential to the claim or charge can ever be rejected.
Seite 411 - All men are by nature free and independent, and have certain inalienable rights, among which are those of enjoying and defending life and liberty ; acquiring, possessing, and protecting property ; and pursuing and obtaining safety and happiness.
Seite 96 - ... residue of the estate in the hands of the executor or administrator, if any, among the persons who by law are entitled thereto." " Section 1666. In the order or decree the court must name the persons, and the proportions or parts to which each shall be entitled...
Seite 274 - That the act or omission charged as the offense, is stated with such a degree of certainty as to enable the court to pronounce judgment upon a conviction, according to the right of the case.
Seite 48 - One branch of the government [the judiciary] cannot encroach on the domain of another without danger. The safety of our institutions depends in no small degree on a strict observance of this salutary rule.