Reports of Cases Decided in the Supreme Court of the State of North Dakota, Volumen1North Dakota. Supreme Court, Hiram A. Libby, Robert Milligan Carothers, Robert Dimon Hoskins, Edgar Whittlesey Camp, John McDowell Cochrane, Ames Francis Wilbur, Edwin James Taylor, Joseph Coghlan Lawyers Co-operative Publishing Company, 1891 |
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Página 21
... objection , to prove the allegations wanting in the complaint . 2. Objection to Order of Proof Properly Overruled . Objections to evidence that go simply to the order of proof , or suf- ficiency of proof , are properly overruled . 3 ...
... objection , to prove the allegations wanting in the complaint . 2. Objection to Order of Proof Properly Overruled . Objections to evidence that go simply to the order of proof , or suf- ficiency of proof , are properly overruled . 3 ...
Página 23
... objection for that reason . His general objection does not reach the point , and the proof being received without objection cures the defect in pleading , if any . Thoreson v . Harvester Works , 29 Minn . 341 , 13 N. W. Rep . 156 ...
... objection for that reason . His general objection does not reach the point , and the proof being received without objection cures the defect in pleading , if any . Thoreson v . Harvester Works , 29 Minn . 341 , 13 N. W. Rep . 156 ...
Página 30
... objection based on such irregularities , but , on the contrary , kept silent as to the same until after a verdict was returned into court , held , that the irregularity was waived . Held , further , that such irregularity was of a ...
... objection based on such irregularities , but , on the contrary , kept silent as to the same until after a verdict was returned into court , held , that the irregularity was waived . Held , further , that such irregularity was of a ...
Página 31
... objected to as irrelevant , and not proper cross - examination - no question of privilege having been presented , held , not error . A defendant , under such cir- cumstances , occupies no better position than any other witness ; hence ...
... objected to as irrelevant , and not proper cross - examination - no question of privilege having been presented , held , not error . A defendant , under such cir- cumstances , occupies no better position than any other witness ; hence ...
Página 33
... objection to want of box and ballots was waived because not made till jury was complete . People v . Stonecifer , 6 Cal . 405 ; Thrall v . Smiley , 9 id . 537 ; People v . Ransom , 7 Wend . 417 ; Com . v . Norfolk , 5 Mass . 435. Jurors ...
... objection to want of box and ballots was waived because not made till jury was complete . People v . Stonecifer , 6 Cal . 405 ; Thrall v . Smiley , 9 id . 537 ; People v . Ransom , 7 Wend . 417 ; Com . v . Norfolk , 5 Mass . 435. Jurors ...
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action affidavit agent Alexander Griggs alleged amount appears appellant application assessment assessor assignment attachment authority Bank bill of sale bonds Cass county cited claim clerk Comp complaint constitution contract corporation counsel court of equity creditors Dakota territory debt declared deed defendant defendant's Devil's Lake district court duty equity error evidence execution exempt fact fendant fire Grand Forks county held Insurance issued judgment jurisdiction jury land legislature levy liability lien liquors ment Minn mortgage N. W. Rep negligence North Dakota Opinion Filed paid parties partnership payment person plaintiff PPEAL from district proceedings proofs of loss purchaser purpose question Railroad Railroad Co Ramsey county Ransom county reason record respondent rule statute Stutsman county supreme court tax-sale taxation territory territory of Dakota testimony thereof tion treasurer trial court trust verdict void warrant wheat writ
Pasajes populares
Página 432 - ... shall upon arrival in such State or Territory be subject to the operation and effect of the laws of such State or Territory enacted in the exercise of its police powers, to the same extent and in the same manner as though such animals or birds had been produced in such State or Territory, and shall not be exempt therefrom by reason of being introduced therein in original packages or otherwise.
Página 221 - Every future estate shall be void in its creation which shall suspend the absolute power of alienation for a longer period than is prescribed in this chapter. Such power of alienation is suspended when there are no persons in being by whom an absolute fee in possession can be conveyed.
Página 16 - The General Assembly shall have power to authorize the several counties and incorporated towns in this State, to impose taxes for county and corporation purposes respectively, in such manner as shall be prescribed by law ; and all property shall be taxed according to its value, upon the principles established in regard to State taxation.
Página 436 - Upon the application of any person or body corporate aggrieved by any election held by any corporate body, the District Court of the district in which such election is held must proceed forthwith to hear the allegations and proofs of the parties, or otherwise inquire into the matters of complaint, and thereupon confirm the election, order a new one, or direct such other relief in the premises as accords with right and justice. Upon filing the petition, and before any further proceedings are had under...
Página 13 - A constitutional provision may be said to be self-executing if it supplies a sufficient rule by means of which the right given may be enjoyed and protected, or the duty imposed may be enforced...
Página iv - When a judgment or decree is reversed or confirmed by the supreme court every point fairly arising upon the record of the case shall be considered and decided, and the reasons therefor shall be concisely stated in writing, signed by the judges concurring, filed in the office of the clerk of the supreme court, and preserved with a record of the case. Any judge dissenting therefrom may give the reasons of his dissent in writing over his signature.
Página 279 - It is a well established and salutary rule in equity that he who is entrusted with the business of others cannot be allowed to make such business an object of pecuniary profit to himself.
Página 216 - 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, or a mistake in any other respect...
Página 11 - Municipal law, thus understood, is properly defined to be a 'rule of civil conduct prescribed by the supreme power in a state, commanding what is right and prohibiting what is wrong.
Página 351 - Besides, it appears to us that the argument rests upon an assumed principle of responsibility which does not exist. The master, in the case supposed, is not exempt from liability because the servant has better means of providing for his safety when he is employed in immediate connection with those from whose negligence, he might suffer, but because the implied contract of the master does not extend to indemnifying the servant against the negligence of any one but himself...