Reports of Cases Decided in the Supreme Court of the State of North Dakota, Հատոր 1North Dakota. Supreme Court, Hiram A. Libby, Robert Milligan Carothers, Robert Dimon Hoskins, Edgar Whittlesey Camp, John McDowell Cochrane, Ames Francis Wilbur, Edwin James Taylor, Joseph Coghlan Lawyers Co-operative Publishing Company, 1891 |
From inside the book
Արդյունքներ 84–ի 1-ից 5-ը:
Էջ 17
... equity and restrain the issuance of any bonds contrary to the provisions of the new constitution . Hence , being effective , the old law was repealed , not amended , and no bonds would issue under the old law ; and the power of the city ...
... equity and restrain the issuance of any bonds contrary to the provisions of the new constitution . Hence , being effective , the old law was repealed , not amended , and no bonds would issue under the old law ; and the power of the city ...
Էջ 29
... equity will no more raise a resulting trust in favor of the bondholders than the law will raise an implied assumpsit against a public policy so strongly declared . " The judgment of the district court GOOSE RIVER BK . v . WILLOW LAKE ...
... equity will no more raise a resulting trust in favor of the bondholders than the law will raise an implied assumpsit against a public policy so strongly declared . " The judgment of the district court GOOSE RIVER BK . v . WILLOW LAKE ...
Էջ 52
... E. cannot , in equity , be avoided by H. because he wrongfully refused to join therein ; ( 4 ) that , as all the capital stock of the corporation would A belong to the same parties who furnished the firm 52 NORTH DAKOTA REPORTS .
... E. cannot , in equity , be avoided by H. because he wrongfully refused to join therein ; ( 4 ) that , as all the capital stock of the corporation would A belong to the same parties who furnished the firm 52 NORTH DAKOTA REPORTS .
Էջ 53
... equity by Thomas Hennessy against Alexander Griggs , Jacob S. Eshelman , and the Dakota Gas & Fuel Com- pany . The decree dismissed plaintiff's complaint , and he ap- peals . Bosard & Corliss , R. E. Noyes , W. P. Langdon and P. J. Mc ...
... equity by Thomas Hennessy against Alexander Griggs , Jacob S. Eshelman , and the Dakota Gas & Fuel Com- pany . The decree dismissed plaintiff's complaint , and he ap- peals . Bosard & Corliss , R. E. Noyes , W. P. Langdon and P. J. Mc ...
Էջ 60
... equity , looking ever to the substance , re- gards that as done that ought to be done ; and the full and equitable title is in the corporation . The transfer executed by Griggs and Eshelman cannot , in equity , be defeated because ...
... equity , looking ever to the substance , re- gards that as done that ought to be done ; and the full and equitable title is in the corporation . The transfer executed by Griggs and Eshelman cannot , in equity , be defeated because ...
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Common terms and phrases
action affidavit agent Alexander Griggs alleged amount appears appellant application assessment assessor assignment attachment authority Bank bill of sale bonds Cass county cited claim clerk Comp complaint constitution contract corporation counsel court of equity creditors Dakota territory debt declared deed defendant defendant's Devil's Lake district court duty equity error evidence execution exempt fact fendant fire Grand Forks county held Insurance issued judgment jurisdiction jury land legislature levy liability lien liquors ment Minn mortgage N. W. Rep negligence North Dakota Opinion Filed paid parties partnership payment person plaintiff PPEAL from district proceedings proofs of loss purchaser purpose question Railroad Railroad Co Ramsey county Ransom county reason record respondent rule statute Stutsman county supreme court tax-sale taxation territory territory of Dakota testimony thereof tion treasurer trial court trust verdict void warrant wheat writ
Սիրված հատվածներ
Էջ 432 - ... shall upon arrival in such State or Territory be subject to the operation and effect of the laws of such State or Territory enacted in the exercise of its police powers, to the same extent and in the same manner as though such animals or birds had been produced in such State or Territory, and shall not be exempt therefrom by reason of being introduced therein in original packages or otherwise.
Էջ 221 - Every future estate shall be void in its creation which shall suspend the absolute power of alienation for a longer period than is prescribed in this chapter. Such power of alienation is suspended when there are no persons in being by whom an absolute fee in possession can be conveyed.
Էջ 16 - The General Assembly shall have power to authorize the several counties and incorporated towns in this State, to impose taxes for county and corporation purposes respectively, in such manner as shall be prescribed by law ; and all property shall be taxed according to its value, upon the principles established in regard to State taxation.
Էջ 436 - Upon the application of any person or body corporate aggrieved by any election held by any corporate body, the District Court of the district in which such election is held must proceed forthwith to hear the allegations and proofs of the parties, or otherwise inquire into the matters of complaint, and thereupon confirm the election, order a new one, or direct such other relief in the premises as accords with right and justice. Upon filing the petition, and before any further proceedings are had under...
Էջ 13 - A constitutional provision may be said to be self-executing if it supplies a sufficient rule by means of which the right given may be enjoyed and protected, or the duty imposed may be enforced...
Էջ iv - When a judgment or decree is reversed or confirmed by the supreme court every point fairly arising upon the record of the case shall be considered and decided, and the reasons therefor shall be concisely stated in writing, signed by the judges concurring, filed in the office of the clerk of the supreme court, and preserved with a record of the case. Any judge dissenting therefrom may give the reasons of his dissent in writing over his signature.
Էջ 279 - It is a well established and salutary rule in equity that he who is entrusted with the business of others cannot be allowed to make such business an object of pecuniary profit to himself.
Էջ 216 - The court may, before, or after judgment, in furtherance of justice, and on such terms as may be proper, amend any pleading, process, 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...
Էջ 11 - Municipal law, thus understood, is properly defined to be a 'rule of civil conduct prescribed by the supreme power in a state, commanding what is right and prohibiting what is wrong.
Էջ 351 - Besides, it appears to us that the argument rests upon an assumed principle of responsibility which does not exist. The master, in the case supposed, is not exempt from liability because the servant has better means of providing for his safety when he is employed in immediate connection with those from whose negligence, he might suffer, but because the implied contract of the master does not extend to indemnifying the servant against the negligence of any one but himself...