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…
1Opinion of the CourtGoss, J.
This is an action in equity tried in the district court of Foster county before the Honorable E. T. Burke, presiding judge. Findings, conclusions, and order for judgment were signed by said district judge on December 29, 1910, during his term of office, and forthwith transmitted to the attorneys for plaintiff and appellant for filing and preparation of judgment to be entered, and who caused the same to be filed with the clerk of the district court of Foster county on January 24, 1911, some two weeks after said former district judge had qualified as and assumed the duties»of justice of this…
2Cases cited44 opinions
- Cameron v. Great Northern Railway Co.North Dakota Supreme Court · 1898
- In re WeberNorth Dakota Supreme Court · 1894
- Broder v. ConklinCalifornia Supreme Court · 1893
- Mining Co. v. Anglo-Californian BankSupreme Court of the United States · 1881
- Babcock v. WolfSupreme Court of Iowa · 1886
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3Cited by11 opinions
- Lagrange Construction, Inc. v. Del E. Webb Corp.Nevada Supreme Court · 1967
- State v. DowdellCourt of Special Appeals of Maryland · 1983
- Klundt v. HemenwaySouth Dakota Supreme Court · 1932
- Zimmerman v. KitzanNorth Dakota Supreme Court · 1950
- Boyd v. LemmonNorth Dakota Supreme Court · 1922
6 more not listed; retrieve them via the Exa API.