Reports of Cases Decided in the Supreme Court of the State of North Dakota, Volume 43North 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 |
Other editions - View all
Common terms and phrases
affirmed alleged American Surety Company amount appeal application attachment attorney authority Bank BIRDZELL Burleigh county Cass County cause of action certificate charges claim Comp Compiled Laws complaint concur Congress Constitution construction contract corporation county court creditor damages deed defendant denied deposit district court drain commissioners duty effect election entitled equity evidence executed fact Federal control final decree fraud fund held interest Interstate Commerce Interstate Commerce Commission intrastate Iowa issued judge judgment jurisdiction jury land liability lien ment Minn mortgage motion North Dakota notice Opinion filed paid parties payment person petition plaintiff possession President proceedings purchase purpose pursuant question railroad Ransom county rates reason received record recover regulations Rehearing respondent Sargent county statute stockholder testimony thereof tion Towner county trial court trial de novo trust verdict Ward County writ
Popular passages
Page 199 - Every holder is deemed prima facie to be a holder in due course; but when it is shown that the title of any person who has negotiated the instrument was defective, the burden is on the holder to prove that he or some person under whom he claims acquired the title as a holder in due course.
Page 315 - ... But where the second action between the same parties is upon a different claim or demand, the judgment in the prior action operates as an estoppel only as to those matters in issue or points controverted, upon the determination of which the finding or verdict was rendered. In all cases, therefore, where it is sought to apply the estoppel of a judgment rendered upon one cause of action to matters arising in a suit upon a different cause of action, the inquiry must always be as to the point or...
Page 582 - June 30, 1917. and for other purposes.' as lollows: " *The president, in time of war, is empowered, through the secretary of war. to take possession and assume control of any system or systems of transportation, or any part thereof, and to utilize the same, to the exclusion as far as may be necessary of all other traffic thereon. for the transfer or transportation of troops. war material and equipment, or for such other purposes connected with the emergency aa may be needful or desirable': and "Whereas.
Page 447 - A guarantor is exonerated, except so far as he may be indemnified by the principal, if by any act of the creditor, without the consent of the guarantor, the original obligation of the principal is altered in any respect, or the remedies or rights of the creditor against the principal, in respect thereto, in any way impaired or suspended NYCC, Seo.
Page 213 - Every transfer of an interest in property, other than in trust, made only as a security for the performance of another act, is to be deemed a mortgage, except when in the case of personal property it is accompanied by actual change of possession, in which case it is to be deemed a pledge.
Page 259 - If the amendment be made after the joining of the issue, and it be made to appear to the satisfaction of the court, by oath, that an adjournment is necessary to the...
Page 580 - Nay, take my life and all; pardon not that. You take my house, when you do take the prop That doth sustain my house ; you take my life, When you do take the means whereby I live.
Page 568 - It should never be held that Congress intends to supersede, or by its legislation suspend, the exercise of the police powers of the states, even when it may do so, unless its purpose to effect that result is clearly manifested.
Page 570 - Nothing in subsection (c) or (d) shall be construed to amend, repeal, impair, or affect existing laws or powers of the States In relation to taxation or the lawful police regulations of the several States, except wherein such laws, powers, or regulations may affect the transmission of Government communications, or the issue of stocks and bonds by any communication system or systems.
Page 560 - An Act to provide for the operation of transportation systems while under Federal control, for the just compensation of their owners, and for other purposes...