Reports of Cases Decided in the Supreme Court of the State of North Dakota, Band 27North 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, 1914 |
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alleged amended amount annexation appeal Arntson assessment attorney authority Bank Benson county bond Burke charge claim Codes complaint Constitution contention contract counsel county commissioners court of equity damages deed defendant defendant's District Court Emmons county equity estoppel evidence ex rel executed fact farm foreclosure fraud Grand Forks held interest Iowa judgment jurisdiction jury land lard legislature lien Lynn ment Minn mortgage motion Mountrail County N. Y. Supp North Dakota notice Opinion filed owner paid pails parties payment person plaintiff power of attorney proceedings proof purchase question quiet title quitclaim deeds reason residence respondent rule scrip sewer Smith statute taxes territory testified testimony thereof tion tract trial court trial de novo vote
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Seite 88 - 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.
Seite 143 - All courts shall be open; and every man, for an injury done him in his lands, goods, person, or reputation, shall have remedy by due course of law, and right and justice administered, without sale, denial, or delay.
Seite 23 - The legislature cannot delegate its power to make a law; but it can make a law to delegate a power to determine some fact or state of things upon which the law makes, or intends to make, its own action depend.
Seite 143 - No act hereafter passed shall embrace more than one subject, and that shall be expressed in the title. But if any subject shall be embraced in an act which shall not be expressed in the title, such act shall be void only as to so much thereof as shall not be so expressed...
Seite 299 - A cause of action, arising out of the contract or transaction set forth in the complaint as the foundation of the plaintiff's claim, or connected with the subject of the action.
Seite 167 - For the existence of a state of mind on the part of the juror, in reference to the case, or to either party ? which satisfies the triers, in the exercise of a sound discretion, that he cannot try the issue impartially and without prejudice to the substantial rights of the party challenging, and which is known in this code as actual bias.
Seite 89 - In this country written constitutions were deemed essential to protect the rights and liberties of the people against the encroachments of power delegated to their governments, and the provisions of Magna Charta were incorporated into Bills of Rights. They were limitations upon all the powers of government, legislative as well as executive and judicial.
Seite 170 - 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 509 - Cancelling an executed contract is an exertion of the most extraordinary power of a court of equity. The power ought not to be exercised except in a clear case, and never for an alleged fraud, unless the fraud be made clearly to appear ; never for alleged false representations, unless their falsity is certainly proved, and unless the complainant has been deceived and injured by them.
Seite 91 - It is a rule as old as the law, and never more to be re. spected than now, that no one shall be personally bound until he has had his day in court...