Reports of Cases Decided in the Supreme Court of the State of North Dakota, Volumen31North 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, 1916 |
Dentro del libro
Resultados 1-5 de 98
Página 12
... complaint — amendment 1. At the close of the evidence , plaintiff moved to amend her complaint by striking out all reference to the bill of sale and deed . This was denied by the trial court , and , for reasons stated in the opinion ...
... complaint — amendment 1. At the close of the evidence , plaintiff moved to amend her complaint by striking out all reference to the bill of sale and deed . This was denied by the trial court , and , for reasons stated in the opinion ...
Página 17
... complaint by strik- ing out the reference to the deeds and bill of sale . The complaint on which the trial was had contained allegations both of the execution of the bill of sale and deeds and of the will . After defendant had been ...
... complaint by strik- ing out the reference to the deeds and bill of sale . The complaint on which the trial was had contained allegations both of the execution of the bill of sale and deeds and of the will . After defendant had been ...
Página 19
... complaint still standing as a complaint on contract . We do not think that the proposed amendment substantially changed the nature of the plaintiff's claim , within the meaning of 4938 , Comp . Laws , permitting courts to allow an ...
... complaint still standing as a complaint on contract . We do not think that the proposed amendment substantially changed the nature of the plaintiff's claim , within the meaning of 4938 , Comp . Laws , permitting courts to allow an ...
Página 20
... complaint on the trial to con- form to the proof is not so limited by the statute that it cannot be exercised where the amendment will change the action from law to equity . The language of the statute is that the amendment shall not ...
... complaint on the trial to con- form to the proof is not so limited by the statute that it cannot be exercised where the amendment will change the action from law to equity . The language of the statute is that the amendment shall not ...
Página 21
... complaint was filed in the district court , which , in substance , embraced all the alle- gations of the first complaint , but omitted the allegation that the de- fendant unlawfully entered upon the land and ousted the plaintiff thereof ...
... complaint was filed in the district court , which , in substance , embraced all the alle- gations of the first complaint , but omitted the allegation that the de- fendant unlawfully entered upon the land and ousted the plaintiff thereof ...
Otras ediciones - Ver todas
Términos y frases comunes
action affidavit affirmed agreement alleged amended appeal appellant's attorney Bank cable cause certificate cited claim Codes Comp Compiled Laws complaint contract contributory negligence corporation counsel court of equity damages dedication deed defendant defendant's delivery denied Dickey County district court elevator engineer entitled equity error escrow evidence ex rel fact granted indorsement injury instruction interpleader Iowa issue judgment jurisdiction jury land lien ment Minn mortgage motion N. Y. Supp negligence North Dakota notice Opinion filed owner P. R. Co paid park party payment person petition plaintiff plat pleadings premises proof purchase question quiet title reason record recover rule statement statute stockholders subrogated testified testimony thereof tion trial court trial de novo verdict veterinary dentistry Ward County warranty deed witness
Pasajes populares
Página 354 - 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...
Página 586 - Every holder is deemed prima facie to be a holder in due course; but when it is shown that the title of any person who has negotiated the instrument was defective, the burden is on the holder to prove that he or some person under whom he claims acquired the title as a holder in due course.
Página 651 - From the time of the service of the summons in a civil action, or the allowance of a provisional remedy, the court is deemed to have acquired jurisdiction, and to have control of all the subsequent proceedings. A voluntary appearance of a defendant is equivalent to personal service of the summons upon him.
Página 375 - A defendant against whom an action is pending upon a contract, or for specific real or personal property, may, at any time before...
Página 90 - First, that plaintiffs must recover upon the strength of their own title, and not upon the weakness of that of their adversary : and, second, that in order to recover as owners, or at all, they must establish that title vested in them by a valid delivery of the Havlichecks...
Página 313 - There must be reasonable evidence of negligence. But where the thing is shown to be under the management of the defendant or its servants, and the accident is such as, in the ordinary course of things, does not happen if those who have the management use proper care, it affords reasonable evidence, in the absence of explanation by the defendant, that the accident arose from want of care.
Página 17 - No variance between the allegation in a pleading, and the proof, shall be deemed material, unless it has actually misled the adverse party to his prejudice, in maintaining his action or defense upon the merits...
Página 343 - The court may before or after judgment, in furtherance of justice and on such terms as may be proper, amend any pleading or proceeding, by adding or striking out the name of any party; or by correcting a mistake in the name of a party, or a mistake in any other respect...
Página 371 - ... whom it is to be served. The notice may also be served by post by a registered letter addressed to the person on whom it is to be served...
Página 696 - That the right of way for the construction of highways over public lands, not reserved for public uses, is hereby granted.