Reports of Cases Decided in the Supreme Court of the State of North Dakota, Volume 46
North Dakota. Supreme Court, Hiram A. Libby, Robert Milligan Carothers, Robert Dimon Hoskins, Edgar Whittlesey Camp, Joseph Coghlan, John McDowell Cochrane, Ames Francis Wilbur, Edwin James Taylor
Lawyers Co-operative Publishing Company, 1922 - Court rules
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action affidavit affirmed alleged amount answer appeal application attorney authority bank banking board cause charge claim Comp complaint concerning concur condition consideration considered Constitution contention contract corporation decision deed defendant delivered denied deposit determine directed district court duty effect election entered entry evidence examiner execution exercise fact Fargo filed findings follows further give given granted ground held interest involved issue John judge judgment jurisdiction jury land loan majority matter mortgage necessary negligence North Dakota notice October opinion original paid party payment performance person plaintiff possession present proceedings proof purchase question reason received record reference relator removal respondents rule specific statement statute sufficient taken testified testimony thereof tion trial court Tuttle verdict witnesses
Page 106 - To constitute notice of an infirmity in the instrument or defect in the title of the person negotiating the same, the person to whom it is negotiated must have had actual knowledge of the infirmity or defect, or knowledge of such facts that his action in taking the instrument amounted to bad faith.
Page 544 - Provided, however, That if the loss, damage, or injury complained of was due to delay or damage while being loaded or unloaded, or damaged in transit by carelessness or negligence, then no notice of claim nor filing of claim shall be required as a condition precedent to recovery.
Page 505 - 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.
Page 309 - 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.
Page 305 - That carriers while under Federal control shall be subject to all laws and liabilities as common carriers, whether arising under state or Federal laws or at common law, except in so far as may be inconsistent with the provisions of this act or any other act applicable to such Federal control or with any order of the President.
Page 596 - Any agreement, declaration, or course of action on the part of an insurance company which leads a party insured honestly to believe that by conforming thereto a forfeiture of his policy will not be incurred, followed by due conformity on his part, will and ought to estop the company from insisting upon the forfeiture, though it might be claimed under the express letter of the contract.
Page 678 - Libel is a false and unprivileged publication by writing, printing, picture, effigy, or other fixed representation to the eye, which exposes any person to. hatred, contempt, ridicule, or obloquy, or which causes him to be shunned or avoided, or which has a tendency to injure him in his occupation.
Page 281 - One of the tests that a contract has been impaired is, that its value has by legislation -been diminished. It is not by the Constitution to be impaired at all. This is not a question of degree or manner or cause, but of encroaching in any respect on its obligation, — dispensing with any part of its force.
Page 480 - Upon taking possession of the property and business of such bank, the superintendent of banks is authorized to collect moneys due to such bank, and to do such other acts as are necessary to conserve its assets and business, and shall proceed to liquidate the affairs thereof as hereinafter provided.
Page 50 - By § 2448 it is provided that "where patents for public lands have been or may be issued, in pursuance of any law of the United States, to a person who had died, or who hereafter dies, before the date of such patent, the title to the land designated therein shall inure to and become vested in the heirs, devisees or assignees of such deceased patentee as if the patent had issued to the deceased person during life.