Reports of Cases Decided in the Supreme Court of the State of North Dakota, Volume 38
North Dakota. Supreme Court, Hiram A. Libby, Robert Milligan Carothers, Robert Dimon Hoskins, Ames Francis Wilbur, Edgar Whittlesey Camp, John McDowell Cochrane, Edwin James Taylor, Joseph Coghlan
Lawyers Co-operative Publishing Company, 1918 - Court rules
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action agreement alleged allowed amount answer appeal application appointed assessment attorney authority Bank benefit cause charge claim Comp Company complaint condition Constitution contract Cooper corporation creditors damages defendant determine district court duty effect entered entitled error evidence execution fact Fargo farm filed follows further give given ground held hold horse intent interest Iowa issue judge judgment jury justice land Laws liability lien manner marriage matter McLain Minn mortgage motion necessary never North Dakota notice offer opinion owner paid party payment person plaintiff possession presented prior proceedings proper purchaser question reason received record recover referred relation residence Ross rule says servant statute sufficient testimony thereof tion trial void warranty
Page 91 - ... when the question is one of a common or general interest, of many persons, or when the parties are numerous, and it is impracticable to bring them all before the 'court, one or more may sue or defend for the benefit of all.
Page 329 - ... every such conveyance not so recorded shall be void as against any subsequent purchaser in good faith and for a valuable consideration of the same real estate or any portion thereof whose conveyance shall be first duly recorded.
Page 347 - An employer is not bound to indemnify his employee for losses suffered by the latter in consequence of the ordinary risks of the business in which he is employed...
Page 508 - If the amount set apart be insufficient for the support of the widow and children, or either, the probate court or judge must make such reasonable allowance out of the estate as shall be necessary for the maintenance of the family, according to their circumstances, during the progress of the settlement of the estate...
Page 179 - The general principle on which this species of evidence is admitted, is that they are declarations made in extremity, when the party is at the point of death, and when every hope of this world is gone ; when every motive to falsehood is silenced, and the mind is induced by the most powerful considerations to speak the truth; a situation so solemn and so awful is considered by the law as creating an obligation equal to that which is imposed by a positive oath administered in a court of justice.
Page 285 - One who has a lien inferior to another, upon the same property, has a right: 1. To redeem the property in the same manner as its owner might, from the superior lien; and, 2. To be subrogated to all the benefits of the superior lien, when necessary for the protection of his interests, upon satisfying the claim secured thereby.
Page 518 - Imposed in like cases upon the citizens or subjects of the country from which such proceeds may be drawn. ABTICLE II The citizens or subjects of each of the Contracting Parties shall have full power to dispose of their personal property within the territories of the other, by testament...
Page 69 - The rule of the common law, that penal statutes are to be strictly construed, has no application to this code. All its provisions are to be construed according to the fair import of their terms, with a view to effect its objects and to promote justice.
Page 129 - ... the damages must be such as may fairly be supposed to have entered into the contemplation of the parties when they made the contract, that is, must be such as might naturally be expected to follow its violation; and they must be certain, both in their nature and in respect to the cause from which they proceed.