Reports of Cases Decided in the Supreme Court of the State of North Dakota, Volumen5North Dakota. Supreme Court, Hiram A. Libby, Robert Milligan Carothers, John McDowell Cochrane, Robert Dimon Hoskins, Edgar Whittlesey Camp, Edwin James Taylor, Ames Francis Wilbur, Joseph Coghlan Lawyers Co-operative Publishing Company, 1897 |
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Página 22
... contract , —the plaintiff , without tendering a deed of conveyance to the defendant , sold and quitclaimed the land to one Percival ; and the latter , prior to the commencement of this action , sold and conveyed the land to the ...
... contract , —the plaintiff , without tendering a deed of conveyance to the defendant , sold and quitclaimed the land to one Percival ; and the latter , prior to the commencement of this action , sold and conveyed the land to the ...
Página 25
... contract and broke and backset 80 acres thereof , and raised a crop thereon in 1891. The plaintiff tendered a deed of warranty to the defend- ant some time after the breaking was done , in 1890 , and offered to deliver the deed on ...
... contract and broke and backset 80 acres thereof , and raised a crop thereon in 1891. The plaintiff tendered a deed of warranty to the defend- ant some time after the breaking was done , in 1890 , and offered to deliver the deed on ...
Página 28
... contract , it is a case in equity . Thus , where a vendor in a contract for the sale of land sues for the price , his action is equitable . " Both notes having matured before suit , the notes and bond must be construed together , and ...
... contract , it is a case in equity . Thus , where a vendor in a contract for the sale of land sues for the price , his action is equitable . " Both notes having matured before suit , the notes and bond must be construed together , and ...
Página 29
... contract on defendant's part . The action was not one for damages , but was brought by the vendor for the stipulated ... contract for the purchase and sale of land , the essential nature of the action became at once revealed . From the ...
... contract on defendant's part . The action was not one for damages , but was brought by the vendor for the stipulated ... contract for the purchase and sale of land , the essential nature of the action became at once revealed . From the ...
Página 30
... contract , the word " assigns , " must be construed to mean " grantee . " In effect , the writing made it obligatory upon the defendant , after paying the price , to receive a deed from either the plaintiff or his grantee as the case ...
... contract , the word " assigns , " must be construed to mean " grantee . " In effect , the writing made it obligatory upon the defendant , after paying the price , to receive a deed from either the plaintiff or his grantee as the case ...
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Términos y frases comunes
accused admiralty affidavit affirmed alleged answer Appeal from District assignment attorney authority bank Barnes County bond Cass County cause of action cited claim Codes common law Comp complaint concur constitution contempt contempt of court contract counsel county seat court of equity Dakota decision declares defendant defendant's District Court duty election enforce equity evidence execution fact ferry franchise grant held highway indorsed issue judge judgment jury language legislature liability lien ment Minn mortgage Morton County motion N. W. Rep North Dakota notes notice Opinion filed original jurisdiction party payment Percival person plaintiff in error pleading possession proceedings provisions purchase purpose question Ransom County reason record respondent rule secure statute Steele County stipulation Supreme Court Territory testified testimony thereof tion trial court verdict void vote warrant witness writs
Pasajes populares
Página 361 - The supreme court, except as otherwise provided in this Constitution, shall have appellate jurisdiction only, which shall be co-extensive with the State, and shall have a general superintending control over all inferior courts, under such regulations and limitations as may be prescribed by law.
Página 612 - No special privileges or immunities shall ever be granted which may not be altered, revoked or repealed by the Legislature; nor shall any citizen, or class of citizens, be granted privileges or immunities which, upon the same terms, shall not be granted to all citizens.
Página 224 - ... and in such amount as the Court or the Judge thereof may direct, to the effect that the appellant will obey the order of the Appellate Court upon the appeal.
Página 427 - An action is commenced as to each defendant when the summons is served on him, or on a co-defendant, who is a joint contractor, or otherwise united in interest with him.
Página 209 - ... the same jurisdiction, in all cases arising under the Constitution and laws of the United States as is vested in the circuit and district courts of the United States...
Página 473 - ... in its discretion, and upon such terms as may be just, at any time within one year after notice thereof, relieve a party from a judgment, order, or other proceeding, taken against him through his mistake, inadvertence, surprise, or excusable neglect...
Página 175 - When several proximate causes contribute to an accident, and each is an efficient cause, without the operation of which the accident would not have happened, it may be attributed to all or any of the causes ; but it cannot be attributed to a cause unless without its operation the accident would not have happened.
Página 6 - No person, association or corporation shall within this state, manufacture for sale or gift, any intoxicating liquors, and no person, association or corporation shall import any of the same for sale or gift, or keep or sell or offer the same for sale, or gift, barter or trade as a beverage. The legislative assembly shall by law prescribe regulations for the enforcement of the provisions of this article and shall thereby provide suitable penalties for the violation thereof.
Página 427 - The summons may be served by the sheriff of the county, where the defendant may be found, or by any other person, not a party to the action.
Página 632 - It is undoubtedly true that there may be cases where one part of a statute may be enforced as constitutional, and another be declared inoperative and void, because unconstitutional; but these are cases where the parts are so distinctly separable that each can stand alone, and where the court is able to see, and to declare, that the intention of the legislature was that the part pronounced valid should be enforceable, even though the other part should fail. To hold otherwise would be to substitute,...