State ex rel. Linde v. Equity Co-operative Exchange
North Dakota Supreme Court
From au order of the District Court of Cass County, Oole, J., defendant appeals. “To authorize an allowance of costs in special proceedings some statutory authorization is necessary.” 15 0. J. 5455. See also 11 Cyc. 53, and cases cited. The state, like any other sovereign, does not pay costs unless otherwise provided by statute. 3 Bl. Com. 400.
1Opinion of the Court
Christianson, Ch. J.
This is an appeal from an order denying defendants’ motion for taxation of costs. The record shows that the state commenced an action in the district court of Cass county to dissolve the defendant corporation, wind up its affairs, and distribute its assets. On May 24, 1916, the attorneys for the respective parties entered into the following written stipulation:
(Title and venue.)-
It is hereby stipulated, by and between the parties to the above-entitled action that the same be and it is hereby dismissed.
Dated this 24th day of May, a. d. 1916.
Henry J. Linde,
Atty. for…
2Cases cited6 opinions
- Davis v. JacobsonNorth Dakota Supreme Court · 1904
- Tribune Printing & Binding Co. v. BarnesNorth Dakota Supreme Court · 1898
- Two Rivers Manufacturing Co. v. BeyerWisconsin Supreme Court · 1889
- Obert v. ZahnSupreme Court of Oklahoma · 1914
- Robinson v. BennettMichigan Supreme Court · 1883
1 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- State Ex Rel. Porterie v. Housing Authority of New OrleansSupreme Court of Louisiana · 1938