The Fargo forum and daily republican. [volume] (Fargo, N.D.) 1894-1957, 1913-03-29

good faith in doing the act complained
of, In the event the jury should find
that the relationship between the par
ties was that of attorney and client
held, proper under the testimony.
3. At the trial certain original doc
uments in the United States landoffice
and department OF the interior, which
concededIy were relevant and materi-
al, were received in evidence over de-
PENDANTS objection that they were In
competent for the reason that they
had not been properly authenticated.
The register Of the local landotfice
produced them in court and identified
department relating to the land over
which this controversy arose. Held,
that a sufficient foundation was laid
for the Introduction OF such original
documents.
4. Sub -division 8 of section 1900,
R. G. 1905, and sections 2469 and 2470,
revised statutes OF the United States,
as amended by act of April 2, 1888,
construed and held, not to prescribe an
exclusive method Of proving public
documents therein mentioned. The
original documents, when properly
identified as such, are the best evil
dence and the statutes aforesaid were
not intended to preclude such proof.
s. Defendants contention that there
is no sufficient foundation in the evi~
dence to warrant the jury in allowing
exemplary damages, held, without
merit, there being ample testimony
tending to show that in committing
the act complained Of defendant acted
~fraudulently and in total disregard Of
plaintiffs rights. To warrant exem-
plary damages proof Of actual malice
is not necessary in all cases, and
where the defendant, through fraud
and deceit, Intentionally induced the
plaintiff to believe and to act upon the
belief hat certain material represent
atoms were true, when he knew them
to be false, he is liable for exemplary
Csyilabus by the court.)
Appeal from district court, ward
county; X, e. Leighton, judge.
against John M. Rowland. From a
judgment in plaintiffs favor, defend
ant appeals.
Affirmed.
Opinion of the court by Fisk, j..
Palda, Aaker 81 Greene, Minot, for
appellant; G. s. Wooledge and Fran
els J. Murphy, Minot, for respondent.
In the Supreme Court, state of
North Dakota.
In re certain disbarment proceedings
in case number 2455.
Upon a motion to dismiss accusa-
lions in disbarment because the
same are verified upon information
and belief only, held:
1. Where the v~eriication is in part
made upon positive knowledge it is a
sufficient compliance with section 507,
r, c.. 1905, requiring such an accusa-
| finn IN h. Gt-pvprp 10 hy fhn MANSON
making it,.
2. A disbarment accusation pre-
scented concerns a matter within the
! inherent powers of the court; and If
the accusation, in the discretion of
the court, is deemed sufficient to JUS
tify investigation, the proceedings so
| entertained will not be dismissed
where the verification is not made en-
tirely Upon positive knowledge of the
| facts sworn to.
8. Motion to dismiss is denied and
the accused directed to serve and file
his answer or demurrer to the aCcusa-
tons within thirty days.
(Syllabus by the court.)
Original proceedings in the supreme
court for disbarment.
Opinion by Goss, j.
State of North Dakota, appellant
VS.. Patrick McGillic, respondent.
The state appeals from an order
sustaining at demurrer to a criminal
information framed to charge a land
lord with knowingly permitting his
premises to be used by a tenant fol
the purpose of violating the prohibi-
ton laws and contrary to the provi-
sions Of chapter 1913 Of the session
laws of 1907. Held:
1. That the charging part of an in
formation alleging that the defendant
did lawfully and knowingly permit &
portion of a building controlled BY
him (described) and located in sale
city of Mandan, to be used as a place
where intoxicating liquors were sole
= y = as a beverage" sufficiently
charges the offense defined by on
portion of chapter 1913 of the session
laws of 1907,
2. That the words Controlled by
him" sufficiently chRracterizes the
necessary proprietary interest of thu
lessor in the premises leased.
8. That the statute defines thu
commission Of the crime by persons
other than those having the interes
of owner or agent in the premise:
ejusdem generis does not apply tt
limit the persons who may violate TIT
statute to those having only the inter
est of an owner or agent for an oWnel
in the leased premises so permitted
to be uniawfully used.
4. Chapter 1913 Of the session laws
of 1907 was enacted to supplement
section 9373 of the revised codes o.
1906, and the term controlled by him
that would be sufficient under tina
sectien to charge the interest required
of a nuisance keeper, is sufficient tt
charge the property interest Of a les,
sor to an alleged nuisance keeper.
5. The statute is constitutional
the title sufficiently covering the sub,
ject matter Of the enactment.
CSyllabus by the court.)
An appeal from the district cour
of Morton county; Crawford, specia
judge.
Reversed and case remanded.
Opinion by Goss, j.
Andrew Miller, attorney general, +
C. Hebron, Alfred zuger and C, I
Young, assistant attorneys general
for appellant; B. w. Shaw, of Mandan
for respondent.
l. A Strong endorsement.