Grand Forks herald. [volume] (Grand Forks, N.D.) 1916-1955, 1917-07-17

he Is entitled to judgment for costs.
Appeal from the District Court of
Cass county, Pollock, Judge.
Plaintiff appeals.
Opinion of the Court of Christian
son., Judge.
Harry Lashkowitz, Fargo, for plain
tiff and appellant.
No appearance for defendants and
respondents. E
From Foster County.
E. R. Bradley, appellant.
S. J. Malen, respondent.
Syllabus: No appeal lies from the
order Of a magistrate requiring a per-
son who has threatened to. commit
an offense against the property or
person Of another to enter into an
undertaking to keep the peace.
From a judgment of the District
Court Of Foster county. Coffey,
Judge.
Plaintiff appeals.
T. F. McCue, Darlington, for ap-
pellant.
c. B. Craven and c. W. Burnham,
Darlington, for respondent.
Opinion Of the court by Christin-
son., Judge. ~
" "#r Hr. .E"' n-se. ..r.E ...-t#.
From Dunn County.
First National Bank Of Dickinson,
a corporation, plaintiff and respond
ent.
Big Bend Land company, a cor
poration. defendant end appellant.
Syllabus: /. Where the vendor, in
an %executory contract for the sale of
land Is unable to perform and be-
comes obliged to repayt the vendee the
payments made under such contract,
and where such vendor when gar
nished at the suit of the vendee cred
itors in good faith and without no.
tice of a prior assignment of the ven
dee's interest, satisfies a Judgment
rendered against him in the garnish-
ment proceedings, he is, to that ex-
tent. relieved from liability to the
assignee.
(2). BY statute the recording Of
deeds, mortgages and instruments af-
fecting title to real property is con-
structive notice to all purchasers and
incumbrancers subsequent to record
Ing. It is not any notice to prior, pur-
chasers.
Appeal from the District Court Of
Dunn county; Hon w. C. Crawford.
Judge.
Reversed.
AAAAo Ny 6noD1llSCIl, JuuR0.
Bruce. Oh. Judge, and Christensen,
Judge, %concurring specially. :
Thos. H. Pugh, Dickinson, attorney
Tor defendant and appellant.
Murtha & Sturgeon, Dickinson. at
torneys for plaintiff and respondent.
From Burleigh County.
State of North Dakota, ex rel F. r.
McCurdy, States Attorney within and
rnr RIITInfph H1rk ~ AY--Af
plaintiff n respondent.
Annie Bennett and John H.. Ben
nett, defendants and appellants.
Syllabus: In the absence of legis-
lative enactment authorizing the de-
struction Of personal property which
Is kept and used in connection with
n operation and maintenance of a
DaWdy house, the court has no inher-
ent authority to order the ~destruction
OF such property and has no author
ity to order, the destruction of any
property connected with the OPERA
ton of a bawdy house. The court has
the authority, under the present law
defining bawdy houses, prescribing
what may be done with such houses
and personal property therein, to take
possession Of, close, and keen closed
for the term Of one year any house or
building in which such bawdy house
is conducted;. and has AUTHORITY also
to take possession of all personal
property found therein or on such
premises and place 1t in the possess
sion, by its order, OF a sheriff or soma
person appointed by the court, to re-
q In such possession for the term
OF m year; and has also the right
and authority to charge up as costs in
such case the expense Of caring for
all such property during such tir,na
the same is in the possession or cnnS
troll OF such persons as are authorized
oy law to take charge Of property.
as sneriffs or other persons ap-
pointed by the court.
~. Where the affidavit in SIM
port OF an application for Injunction
rerer to n nuisance as hayfne Az
isted. rather h q existing, the coIrt
ts not without Jurisdiction. notwitb
standing that the afiidavits do not
allege the present existence Of the
nuisanc at the time of the COM
mencment OF the action. where the
In the action does allege
that the nuisance is existing At Ire
time OF the commencement 81 the ac-
ton and the injunctionaI order ie
based upon both the complaint and,
the affidavits. -
Appeal from the District Court of
Burleigh county; Hon. VI. Z. Nuessie.
Modified. a$e
Robinson, Judge, Dissenting ~ nart
Wm. LANCER. Attorney General ana
F.aE. McCurdy, States Attorney Bur-
leigh county. Bismarck, ATTORNEYS Par
plaintiff and respondent.
FISK Murphy and Ldnde. Bismarck
and sullivan e. Sullivan, Mandan Az,
lorneys Tor defendants and appel