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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Página 4
... rules of practice in such proceedings . A careful reading of this statute serves to convince us that it was clearly ... rule of con- struction known to us are we authorized to limit or restrict such language so as to make it apply only ...
... rules of practice in such proceedings . A careful reading of this statute serves to convince us that it was clearly ... rule of con- struction known to us are we authorized to limit or restrict such language so as to make it apply only ...
Página 5
... rules enacted to govern contests relative to general elections . But even were this not so , the court would , we think , be justified in adopting and applying the rules of procedure in force in analogous cases , in so far as the same ...
... rules enacted to govern contests relative to general elections . But even were this not so , the court would , we think , be justified in adopting and applying the rules of procedure in force in analogous cases , in so far as the same ...
Página 13
... rule of succes- sion . " That the purpose of said Knute Amodt in making said trans- fers and in preparing and executing the will was to save his estate the cost of the probate court . The mother answers , admits that the exe- cution of ...
... rule of succes- sion . " That the purpose of said Knute Amodt in making said trans- fers and in preparing and executing the will was to save his estate the cost of the probate court . The mother answers , admits that the exe- cution of ...
Página 21
... rule governing the allowance of amendments to pleadings has been well stated by Chief Justice Sawyer , in Kirstein v . Madden , 38 Cal . 162 , in the following language : From oversight of counsel , commit- ted under pressure of ...
... rule governing the allowance of amendments to pleadings has been well stated by Chief Justice Sawyer , in Kirstein v . Madden , 38 Cal . 162 , in the following language : From oversight of counsel , commit- ted under pressure of ...
Página 22
... rule of practice existing in the Code states , as well as in the states having no Code of Civil Procedure , that this is not permissible . There is good authority for this proposition of law , and we shall , at least for the purposes of ...
... rule of practice existing in the Code states , as well as in the states having no Code of Civil Procedure , that this is not permissible . There is good authority for this proposition of law , and we shall , at least for the purposes of ...
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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.