McCarty v. Kepreta
North Dakota Supreme Court
(a) That this affidavit, taken with all the affidavits filed for such purpose, should not be held to constitute the judicial admission of the defendant of an absence of merit in his appeal.
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(a) That this affidavit, taken with all the affidavits filed for such purpose, should not be held to constitute the judicial admission of the defendant of an absence of merit in his appeal. (b) In determining the effect to he given to an affidavit so filed by a party, its contents should be taken in connection with the other affidavits and the nature of the proceedings and purposes for which the same was filed; and when filed as here, after judgment and pending an appeal, to work a dismissal of the appeal, there should be no doubt of the intent of the party filing the same to adopt the…
1Dissent
Spalding, Ch. J.
( dissenting). While disposed to think it might be tbe part of wisdom for tbe legislative assembly to prohibit an official of a state bank from dealing in commercial paper taken by tbe bank, or at least from asserting a good faith purchase from the bank by himself, I am by no means clear that tbe law as it now stands considers a bank official, and particularly one who does not participate in tbe active, personal management of tbe bank, in any other light than as a stranger to tbe entity known as a bank, in such dealings; and tbe authorities cited to tbe contrary in tbe…
2Cases cited12 opinions
- Oscanyan v. Arms Co.Supreme Court of the United States · 1881
- Hice v. OrrWashington Supreme Court · 1896
- Lindley v. Atchison, Topeka & Santa Fé RailroadSupreme Court of Kansas · 1891
- Watkins v. HuffTexas Supreme Court · 1901
- In re KaepplerNorth Dakota Supreme Court · 1898
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