The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1930-10-17
State Supreme
Court Decisions

IWA04y " 0SAAAAAAnCAS PA0AAoAA ~AN
spondent, VS.. Francis Jaszkowiak. de-
PENDANT and appellant.
In an action for damages for per-
sonal injuries incurred by the plain
tiff when she was run down by an
automobile truck driven by the de-
PENDANTS agent, the record is ex-
amined. and it is held, for seasons
stated in the opinion:
/. That the evidence is sufficient
to sustain the verdict for the plaintiff
returned by the jury.
2. That there was no prejudiclal
error in the courts rulings with re-
spect to the admission of evidence.
3. That the instructions COM
planned of were proper and sufficient.
Syllabus by the court.
Appeal from the District Court Of
Burleigh County; ZION. Fred jan
sonius, Judge. Action for damages
for personal injuries. From a judg-
ment for the plaintiff and from an
order denying the defendants motion
for a new trial or for Judgment not
withstanding the verdict, defendant
appeals.
Affirmed.
Opinion of the court by Nuessle, j.
F. E. McCurdy, of Bismarck, for
appellant.
william LANCER and p. H. Butler, Of
Bismarck, for respondent.
State of North Dakota, plaintiff and
respondent, VS.. Frank S. johnson. de-
PENDANT and appellant.
/. In matters of description of ac-
ton, or appearance of a defendant, it
is within the discretion of the trial
court to permit q witness to state q
fact observed by him even though his
statement involves q certain element
Of inference.
2. The admission of evidence to
the effect that on the day a crime
was alleged to have been committed,
a public sale was held four or five
miles from the scene of the alleged
crime, was in no way prejudicial to
the defendant.
3. In the instant case the evidence
fully sustains the conviction.
Syllabus by the court.
Appeal from the District Court OF
Mclean County, North Dakota, Hon,
r. G. Mcfarland. Judge.
Hon. James Morris, attorney gen.
eral, Bismarck. N. D., and R. L
Fraser, states attorney, Washburn, N
D., attorneys for plaintiff and re-
spondent.
McCulloch g. McCulloch. Wash
burn, N. D., attorneys for defendant
and appellant.
!, State of North Dakota, plaintiff ane
: respondent, VS.. Douglas Kvenmoen
!. defendant and APPELLANT.
l. In proceedings to determine tn,
7 paternity of a child, where the testi'
> mony is conflicting. the defendan
has the right to show, If he can. tina
at the time Of conception the mothe
of the child vas frequently in tn
? company of other men at unseason
: able hours and for consideranl
!. lengths of time and under such sus
: picious circumstances that he jur
can infer sexual intercourse occurred
2. In such proceedings the defend
= ant has the right to elicit such testi
mony upon cross-examinatiOn Of Tn
: mother, who testified the defendar
: was the father Of The child, and ais
= by independent proof: and it is RI
= versible error for the trial court
: prevent such cross-examination Of til
!, mother and to deny opportunity
!" make proof by independent sources.
Syllabus by the court.
Appeal from the District Court
Cass county. Hon. A. T. Cole, Judg
Reversed and new trial Ordere'
Opinion OF the court by Burr, J.
John G. Pollock, states attorney, I
y Fargo, N. Oak, attorney for plainti
and respondent. Clair F. Brickne
:. Of Fargo, N. Oak, attorney for d.
:; PENDANT and appellant.
~ E. Delafield Smith. plaintiff az
~ appellant, VS.. H. Langmaack al
y Klara Langmaack, defendants. Klal
Langmaack. respondent.
1. Section 29Ob)5 OF the nation
bankruptcy act as amended by Il
\ act Of May 81. 1926, makes it a pen
at offense. punishable by imprisonmel
IS for a period of not to exceed fl
years. for a person to knowingly ar
lie fraudulently receive or attempt
&c obtain any money or property fro
us any person for ~forbearing to act
Il bankruptcy proceedings: therefore
In note given by the bankrupt and h
wife to a creditor who had appear
es to contest the bankruptcy procee
ings. upon the agreement on the pa
Of that creditor to refrain from al