The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1925-12-09

! fialntlf appeals.
AFFIRMED. T..
Opinion of the court by Christian
son, Ch. J.
Arthur 3. Atkins, Napoleon. N
OAK, Attorney for appellant.
LANCER e. Nichols; Bismarck. N. D
attorneys for respondent.
From Burlcigh County
w., j. Sperry, Plaintiff and Re
spondent, VS.. North River Insuranc,
company, a corporation, Dcfendan
and Appellant.
SYLLABUS: =
In an action upon q tornado policy
limiting the insurance to the casl
value Of the property at the time OF
the loss. but" not beyond the sum.
insured, and rcserving to the insur
ance company the right to take all
or any part Of the articles damaged
at their ascertaihed or appraiscd
value. and to repair, rebuild or re-
place the property damaged or de-
stroyed, it is held not to be incum-
bent upon the plaintiff to show that
the materials in the building could
not be advantageously used.
Appeal from the District Court of
Burlelgh County, Hon. Fred Jan
sonius. Judge.
AFFIRMED.
Opinion Of the court by Birdzcll, J.
;, Lawrence. Murphy e. Miles, Fargo.
n. Oak. Attorneys for Appellant.
Crum e. Crum, Bismarck, N. Oak.
Attorneys for Respondent. :.
From Grand Forks County
State of North Dakota, ex rel, John
L. and Mabel Neville, ct al, Pcti-
TONERS, VS.. Odin OVERLY, Sheriff of
I, Grand Forks County, North Oak ota,
Respondent.
.. 49,.
]: Under Sec. lll2s G. l.. 1913 the
jurisdiction Of the juvenile court is
cumulative and not exclusive as to
all law excepting only, the law as
administered in justice and police
courts.
z. Inc district court has jurisdic-
sion OF all criminal otrcnscs and cx
.Iuslve original jurisdiction over all
clones and Of all persons brought
'ncreln charged with the ommisslon
ol crime. The juvenile court act
GOES not interfere in any way with
ne prosecution Of crime in the dis
,rlct court. The jurisdiction Of the
district court under the Juvenile
'ourt act has been enlarged TO cover
ne matters embraced in such lc.is-
alton. 1t is not Il separate and dis
met court, but the same court with
enlarged powers. Under See. llll3.
'the court may in its discretion per
nit q delinquent child to be proceed
"a against i'm accordance with tho
avs that may be in force .-cvc--:--
ne commission of crimes or violation
# city, village or town ordinances"
q. In the case at bar the district
curt had jurisdiction of all defend. /,
nts, OF the offenses charged in the !
to accept the pleas of !
,uiity. to pass judgment thereon, and |
IS presumed that the Judge in I'M |!
oslng sentence took into considera-
ION the ages of the defendants and ;
hnictcd| punishment in accordance
nth his best judgment.
4: The writ Of Habeas Corpus can
C invoked only when petitioners are
jurisdiction.
.. Sec. 114l6 which requires the
flcer making the arrest to. give into
he care OF II Juvenile officer all chill |!
rem arrested under Is; years of age.
to prevent children of tender
ears from being thrown into Jail
nth hardened criminals and is in
armony with the object and pur-
ose of the juvenile act.
=. The juvenile court is not :,
rlmina! court and it is the purpose
I the law to treat juvenile offend
rs under 18 years Of age not as
animals, but as far as possible to
i've them the paternal care of the
ONE, to save them from the stigma
TEACHING to crime, to guard and pro-
ct them against themselves, and all
'll-mindcd persons.
z. II it appears that the defend
Mt is under 18years Of age, it is the
lty of the officer making the ar
'st to give the defendant into the
ire and custody Of a juvenile Of
cer as provided in. See. lli1G, If!
&c defendant is brought before the
lstlce of the peace or a police mag
trate issuing the warrant and it is
ear and plain that the defendant
under is years Of age it is the
lty Of the justice Of the peace or
e police magistrate to make an or
4 giving the care and custody of
zen defendant to n juvenile officer. J
III IT there is any question aoou.
&c age Of the defendant it is the
lty of the justice of the peace or !,
Nice magistrate to first hear the cv-
ence on the question of the defend
It's age and il it appears thcrefrom
at the defendant is under IS years I
age 1t is then the duty Of the JUS
'e' OF the peace or the police magic.
ate to suspend further procec dincs
d give the care and custody of the
1cndant to a juvenile officer for :
in the juvenile court. ,
'plication for writs Of Habcas Cor
IS. Writs denied.
Opinion Of the court by Burke. J..
George "A. Bangs, and Henry
keefe,Jr., attorneys for petitioners.
b. WiAeman, states attorney.
'0rney forlthe State 5}$ !
- Prom Ward County
Erna Lemke, Plaintiff and Appel. 1
~ vs.. Dan, c. Doughcrty, Defend =
{ and Respondent, aud William :,
II lntcrvenor and Respondent. =
|. For reasons, stated in the opin. q
!, 1t is held that the motion for
" trial on the ground of newly y
severed evidence should have been q
appeal from the. district court OIL y,
ard' County, Hon. Geo. H. Moell- "