Crane v. First National Bank of McHenry
North Dakota Supreme Court
An appeal from an order of tbe District- Court for Foster County, Coffey, J., vacating a judgment and granting retrial. There is no provision of statute in this state requiring the judge himself to file his decisions. Comp. Laws 1893, § 5066, as amended; Roblin v. Palmer, 9 S. D. 36, 67 N. W. 949. The provision requiring the findings to be filed within thirty days is directory.
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An appeal from an order of tbe District- Court for Foster County, Coffey, J., vacating a judgment and granting retrial. There is no provision of statute in this state requiring the judge himself to file his decisions. Comp. Laws 1893, § 5066, as amended; Roblin v. Palmer, 9 S. D. 36, 67 N. W. 949. The provision requiring the findings to be filed within thirty days is directory. Edmonds v. Riley, 15 S. D. 470, 90 N. W. 139. The judgment in this case is not void because of failure of the judge to file findings, conclusions, and order for judgment, before the expiration of his term. When they…
1DissentBeuoe, J.
I am unable to concur in the above opinion. There was an order for judgment, and there were findings of fact and conclusions of law, which were signed by the district judge during his term of office. There is no charge or intimation that the findings and conclusions and order for judgment which were filed, were tampered with in any way. During the term of office of the judge they were delivered to counsel for the purpose of being filed. There was no intimation or hint that the acts of the judge were not final, or that he desired to retain any further control of the findings, conclusions, and…
2Cases cited15 opinions
- In re the Estate of CookCalifornia Supreme Court · 1888
- Broder v. ConklinCalifornia Supreme Court · 1893
- Babcock v. WolfSupreme Court of Iowa · 1886
- Mace v. O'ReilleyCalifornia Supreme Court · 1886
- Connolly v. AshworthCalifornia Supreme Court · 1893
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