Reports of Cases Decided in the Supreme Court of the State of North Dakota, Volume 42
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, 1921 - Court rules
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affirmed agreed agreement alleged amendment amount answer appeal application assignment attorney authority bank Beeson brought carrier cause of action claim Comp complaint consideration constitute contends contract corporation damages deed defendant denied Deree determine direct district court duty effect engine entered error evidence execution existing fact favor Federal filed follows further give given granting held injury instructions interest involved issued Judge judgment jury land lien March matter mortgage motion negligence North Dakota notice operation opinion paid party payment performance person plaintiff possession potatoes presented prior proceedings proper purchase question railway reason received record recover rendered respondent result rule shows statute suit taken testified testimony thereof tion trial court verdict void
Page 1 - The court may before or after judgment, in furtherance of justice and on such terms as may be proper, amend any pleading 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...
Page 29 - One who sells the good will of a business may agree with the buyer to refrain from carrying on a similar business within a specified county, city, or a part thereof, so long as the buyer, or any person deriving title to the good will from him, carries on a like business therein.
Page 305 - In every action for the recovery of real property, or the possession thereof, the person establishing a legal title to the premises, shall be presumed to have been possessed thereof within the time required by law ; and the occupation of such premises by any other person, shall be deemed to have been under and in subordination to the legal title, unless it appear that such premises have been held and possessed adversely to such legal title, for twenty years before the commencement of such action.
Page 270 - 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 433 - ... 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 137 - Every mortgage or conveyance intended to operate as a mortgage of goods and chattels which shall hereafter be made which shall not be accompanied by an immediate delivery and followed by an actual and continued change of possession...
Page 237 - ... pay the amount directed to be paid by the judgment or order, or the part of such amount as to which the judgment or order...
Page 137 - Every transfer of property or charge thereon made, every obligation incurred, and every judicial proceeding taken, with intent to delay or defraud any creditor or other person of his demands, is void against all creditors of the debtor, and their successors in interest, and against any person upon whom the estate of the debtor devolves in trust for the benefit of others than the debtor.
Page 604 - The obligation of a contract, in the constitutional sense, is the means provided by law by which it can be enforced, — by which the parties can be obliged to perform it. Whatever legislation lessens the efficacy of these means impairs the obligation. If it tend to postpone or retard the enforcement of the contract, the obligation of the latter is to that extent weakened.