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 |
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Resultados 1-5 de 98
Página 2
... judgment roll -statement of case . 4. Section 4 , chapter 131 , Laws 1913 , requiring a statement of errors of law complained of , etc. , to be served with the notice of motion for new trial , and with the notice of appeal , was not ...
... judgment roll -statement of case . 4. Section 4 , chapter 131 , Laws 1913 , requiring a statement of errors of law complained of , etc. , to be served with the notice of motion for new trial , and with the notice of appeal , was not ...
Página 7
... judgment roll proper . In such case , it is only necessary for the appellant to assign such ruling as error in his brief . To make our position plain , the words " errors of law , " as used in 84 of the new practice act , should be ...
... judgment roll proper . In such case , it is only necessary for the appellant to assign such ruling as error in his brief . To make our position plain , the words " errors of law , " as used in 84 of the new practice act , should be ...
Página 8
... judgment — jurisdiction — trial court - was without - no action pend- ing . The trial court granted a new trial upon motion which was served more than a year after the notice of the entry of the judgment had been served upon defendant ...
... judgment — jurisdiction — trial court - was without - no action pend- ing . The trial court granted a new trial upon motion which was served more than a year after the notice of the entry of the judgment had been served upon defendant ...
Página 9
... judgment for $ 235.50 in district court after trial by jury , and notice of the entry thereof was served upon ... judgment and service of the notice of entry of judgment therein , whereby the defend- ant had abandoned his right to a new ...
... judgment for $ 235.50 in district court after trial by jury , and notice of the entry thereof was served upon ... judgment and service of the notice of entry of judgment therein , whereby the defend- ant had abandoned his right to a new ...
Página 10
... judgment had been served upon the defendant . He calls our attention to § 7966 , Comp . Laws 1913 , which reads : " An action is deemed to be pending from the time of its commencement until its final determination upon appeal , or until ...
... judgment had been served upon the defendant . He calls our attention to § 7966 , Comp . Laws 1913 , which reads : " An action is deemed to be pending from the time of its commencement until its final determination upon appeal , or until ...
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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.