Reports of Cases Decided in the Supreme Court of the State of North Dakota, Volym 27
North 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, 1914
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action alleged amended amount answer appeal apply assessment attorney authority Bank benefits bond cause charge claim Codes commissioners complaint condition consideration Constitution contention contract costs damages deed defendant determine district District Court effect entered equity established evidence ex rel executed fact Fargo filed follows given granted ground held holding intention interest Iowa issue judge judgment jury land lard matter merely Minn mortgage motion necessary North Dakota notice objection opinion owner paid parties payment performance person plaintiff possession present proceedings proof purchase question reason received record residence respondent rule says scrip Smith statute taken territory thereof trial court vote weight
Sida 88 - By the law of the land is most clearly intended the general law; a law which hears before it condemns; which proceeds upon inquiry, and renders judgment only after trial.
Sida 23 - The legislature cannot delegate its power to make a law; but it can make a law to delegate a power to determine some fact or state of things upon which the law makes, or intends to make, its own action depend.
Sida 143 - No act hereafter passed shall embrace more than one subject, and that shall be expressed in the title. But if any subject shall be embraced in an act which shall not be expressed in the title, such act shall be void only as to so much thereof as shall not be so expressed...
Sida 299 - A cause of action, arising out of the contract or transaction set forth in the complaint as the foundation of the plaintiff's claim, or connected with the subject of the action.
Sida 167 - For the existence of a state of mind on the part of the juror, in reference to the case, or to either party ? which satisfies the triers, in the exercise of a sound discretion, that he cannot try the issue impartially and without prejudice to the substantial rights of the party challenging, and which is known in this code as actual bias.
Sida 89 - In this country written constitutions were deemed essential to protect the rights and liberties of the people against the encroachments of power delegated to their governments, and the provisions of Magna Charta were incorporated into Bills of Rights. They were limitations upon all the powers of government, legislative as well as executive and judicial.
Sida 170 - That the act or omission charged as the offense, is stated with such a degree of certainty as to enable the court to pronounce judgment upon a conviction, according to the right of the case.
Sida 509 - Cancelling an executed contract is an exertion of the most extraordinary power of a court of equity. The power ought not to be exercised except in a clear case, and never for an alleged fraud, unless the fraud be made clearly to appear ; never for alleged false representations, unless their falsity is certainly proved, and unless the complainant has been deceived and injured by them.