Reports of Cases Decided in the Supreme Court of the State of North Dakota, Volumen24
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, 1914
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acceptance action affidavit agreed alleged amount answer appeal application assessment attorney authority bank bonds called canvass cause cited claim Codes collection commissioners complaint conclusion condition consideration considered Constitution construction contract counsel Dakota damages deed defendant determine dismiss district court duty effect election elevator entered error evidence ex rel execution exercise fact Fargo filed further given granted ground held holding instructions interest issue judgment jurisdiction jury land matter Minn motion necessary North notice objection offered officers opinion paid party payment perform person plaintiff pleadings presented proceedings proof proper purchase question reason received record refused relator respondent result rule statement statute street sufficient surety taken testimony thereof tion trial court votes witness writ
Página 506 - 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.
Página 404 - 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.
Página 393 - This act shall be so interpreted and construed as to effect its general purpose to make uniform the law of those States which enact it.
Página 223 - But, in truth, the mere relation of the master and the servant never can imply an obligation on the part of the master to take more care of the servant than he may reasonably be expected to do of himself. He is no doubt bound to provide for the safety of his servant, in the course of his employment, to the best of his judgment, information and belief.
Página 22 - ... undertake that the above named will appear and answer the charge above mentioned, in whatever court it may be prosecuted, and will at all times hold himself amenable to the orders and process of the court, and if convicted, will appear for judgment and render himself in execution thereof, or if he fails to perform either of these conditions, that we will pay to the people of the State of California the sum of dollars (inserting the sum in which the defendant is admitted to bail).
Página 19 - The Probate Court shall have jurisdiction in probate and testamentary matters, the appointment of administrators and guardians, the settlement of the accounts of executors, administrators and guardians, and such jurisdiction in habeas corpus, the issuing of marriage licenses, and for the sale of land by executors, administrators and guardians, and such other jurisdiction in any county or counties
Página 82 - Am.Dec. 468, a ministerial act is thus defined: "A ministerial act may, perhaps, be defined to be one which a person performs in a given state of facts, in a prescribed manner, in obedience to the mandate of legal authority, without regard to, or the exercise of, his own judgment upon the propriety of the act being done.
Página 162 - Whenever a crime is distinguished into degrees, the jury, if they convict the defendant, must find the degree of the crime of which he is guilty.
Página 321 - ... the appellant will pay all costs and damages which may be awarded against him on the appeal...