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 13
... counsel for plaintiff for the first time discovered that no formal judgment had ever been entered on the order for judgment made December 6 , 1890. Thereupon he pro- cured an order for the entry of judgment nunc pro tunc as of December ...
... counsel for plaintiff for the first time discovered that no formal judgment had ever been entered on the order for judgment made December 6 , 1890. Thereupon he pro- cured an order for the entry of judgment nunc pro tunc as of December ...
Página 14
... counsel at Fargo , stating his inability to be present , and the reasons therefor , and , not hear- ing from them , presumed the hearing thereof had been postponed . That your petitioner was not aware of the fact that said hearing had ...
... counsel at Fargo , stating his inability to be present , and the reasons therefor , and , not hear- ing from them , presumed the hearing thereof had been postponed . That your petitioner was not aware of the fact that said hearing had ...
Página 15
... tried in the December , 1890 , term of said court , and the court having heard the arguments of counsel herein , " etc. We quote this to show the precise ground upon which the court based the relief that it gave SARGENT V. KINDRED . 15.
... tried in the December , 1890 , term of said court , and the court having heard the arguments of counsel herein , " etc. We quote this to show the precise ground upon which the court based the relief that it gave SARGENT V. KINDRED . 15.
Página 20
... counsel that he has a good and substantial defense on the merits , after full dis- closure to such counsel of all facts relating to the case of which the client has knowledge . It may often be true that a client can truthfully swear to ...
... counsel that he has a good and substantial defense on the merits , after full dis- closure to such counsel of all facts relating to the case of which the client has knowledge . It may often be true that a client can truthfully swear to ...
Página 25
... counsel , objected to this question on the ground that it was immaterial . The objection was sustained , and defend- ant excepted to the ruling . Defendant was asked : " Was there any other consideration for these notes , besides the ...
... counsel , objected to this question on the ground that it was immaterial . The objection was sustained , and defend- ant excepted to the ruling . Defendant was asked : " Was there any other consideration for these notes , besides the ...
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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,...