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 82
Página 69
... offered therein , indicating a fixed opinion unfavorable to the losing party , or illwill toward him , it is ground for a new trial . Tomlinson v . Derby , 41 Conn . 268 ; Blalock v . Phillips , 38 Ga . 216 ; Jewsbury v . Sperry , 85 ...
... offered therein , indicating a fixed opinion unfavorable to the losing party , or illwill toward him , it is ground for a new trial . Tomlinson v . Derby , 41 Conn . 268 ; Blalock v . Phillips , 38 Ga . 216 ; Jewsbury v . Sperry , 85 ...
Página 78
... offered in support of this ground of the motion . Counter affidavits were offered by the state to show that all of the newly discovered evidence was either known to the defendant at the time of the former trial , or could have been ...
... offered in support of this ground of the motion . Counter affidavits were offered by the state to show that all of the newly discovered evidence was either known to the defendant at the time of the former trial , or could have been ...
Página 80
... offered , reduced to narrative form , and also the affidavits rela- tive to the newly discovered evidence . But even at that we would be compelled to base our judgment upon " the comparison of one lifeless record with another , the ...
... offered , reduced to narrative form , and also the affidavits rela- tive to the newly discovered evidence . But even at that we would be compelled to base our judgment upon " the comparison of one lifeless record with another , the ...
Página 81
... offered at the trial , there would still be ample evidence to sustain the verdict . The trial court , after considering the newly discovered evidence , and weighing the same with the evidence ad- duced upon the trial , was still of the ...
... offered at the trial , there would still be ample evidence to sustain the verdict . The trial court , after considering the newly discovered evidence , and weighing the same with the evidence ad- duced upon the trial , was still of the ...
Página 103
... offered by the party having the burden of proof , unless such evidence be of such a character as to cause reason- able men to draw different conclusions . Linkauf v . Lombard , 137 N. Y. 417 , 20 L.R.A. 48 , 33 Am . St. Rep . 743 , 33 ...
... offered by the party having the burden of proof , unless such evidence be of such a character as to cause reason- able men to draw different conclusions . Linkauf v . Lombard , 137 N. Y. 417 , 20 L.R.A. 48 , 33 Am . St. Rep . 743 , 33 ...
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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.