The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1926-04-27

ter l22 of the Session Laws of 1921.
which provides for q limitation OF
tax levies and makes certain excep-
tons therefrom in favor of special
levics for local improvements and for
the maintenance Of sinking funds. is
con strued, and it is held that road
taxes fall within the Limitation there
in prescribed and not within the ex-
ceptioh of special levies for local
improvements"
(1) When the intention Of the legis-
lature is not clearly expressed in a
statute, owing to ambiguity attach
ing to certain terms employed, the
history Of the. terms may be traced
in other legislation in order to as
certain the intention Of the legis-
laturc.
(3) Words used in a statute should
be construed. ordinarily, according to
the sense in which they have been
previously used in like, statutes.
Appeal from the District Court of
Ward County. Hon. N. C. Love,
Judge.
Geo. fer,Attorney General. Bis
marck, N. D.. H. E. Johnson, States
Attorney, and B. D. Dickinson. Asst.
States Attorney. Minot, ". D., At
torneys for Appellants.
Murphy & Toner, Grand Forks, "
d., Attorneys for Respondent.
FROM NELSON COUNTY
w. A. Larson. Plaintiff and Appellant
fE = Vs. u"
Paul Jacobson, Defendant and Re-
spondcnt.
Syllabus: l. Failure to give notice
of intention to f0rcclose real estate
mortgage as required by Chapter &C.
s. L. 1921. does not constitute a legal
counte reclaim or valid defense against
the collection Of the whole or any part
of the amount claimed to be due on
the mortgage sought to be ,foreclosed
within the meaning Of those terms rs
set out and contained in Section
SOFA, C.. l.. 1913.
2. An application for an order en-.
joining q foreclosure by advertise,
iIcnt pursuant to Section 8O74. G. l.
1918, is addressed to the sound dis.
|, crction of the District Judge. Wher
! such an injunctional order has beer
. granted the District Judge may there
after, when it appears to him proper
to do so, modify or dissolve the same
and his action in that respect will no.
he disturbed unless it appears tina
in so doing there was an abuse Of dis
Appeal from the District Court o.
Nelson County, Hon. A. T.. COTE
Judge From an order dissolving q
order enjoining the foreclosure Of ,
real estate mortgage by advertise
ment the plaintiff appeals.
AFFIRMED.
Opinion by Nuessle. J..
E. C. Larson and Crum & Crum
Of Bismarck, Attorneys for Plaintiff
and Appellant.
f. C. Boostrom. of Neville, and Di
| vet, Holt, Frame & Thorp. Of Fargo
Attorneys for Defendant and Respond
| ent.
FORM BILLINGS COUNTY
State of North Dakota, Plaintiff ant
Respondent
Frank Kessel, Defendant and Appel
liant.
| SYLLABUS:
(D In . prosecution for violation
of the compulsory attendance law
where the complaint charged the de
! PENDANT with failing to send children
| to school in compliance with the pro
| visions Of Section 1912 of the Com
| piled Laws for 1913 and further al
: legged the facts constituting the Of
tense and charged the same to b,
| contrary to the form of the statute
| in such case made and provided ant
against the peace and dignity of tn
state of North Dakota, the complain
is sufficient even though the specific
statute referred to in the forepar
| had been amended.
(2) An allegation that the resi-
dence Of the defendant and the chill
dren was within 2 Ia miles of th,
school will be construed to mean /:
Ia miles by the nearest route, wher,
the proof must show, under the
statute. that the residence was withir
u IA miles Of the school "by The
nearest route"
(3) The evidence is examined anC
it is held sufficient to establish thu
residence Of the defendant to be with
in 2 Id miles of the, school by the
nearest route.
ca It is not incumbent on thu
state to negative, In the first instance
excuses from the duty imposed BY
statute or to negative the existence
of facts upon which such excuses
might be warranted, under . provisc
of the act alleged to have been viola.
ted, where the absence Of such Tx.
cuses or facts is not Q part of the
definition Of the offensc.
Appeal from the District Court OF
Billings County, Hon. =. T. Lembke
Judge.
Opinion Of the Court by Birdzell, J.
Murtha & Sturgeon. Dickinson, D.
OAK, Attorneys FOR Appellant.
Waiter. Ray, States Attorney
Medora, N. OAK, and W. C. Crawford
Special Prosecutor, Dickinson, N
OAK. Attorneys for Respondent.