McCarty v. Goodsman
North Dakota Supreme Court
From a judgment of the District Court of Pierce County, Burr, J., defendant appeals. In mortgage foreclosure proceedings by advertisement, before an attorney’s fee can be included as an item of costs, the attorney must file his affidavit in full compliance with the statute. He must also be a resident attorney. Comp.
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From a judgment of the District Court of Pierce County, Burr, J., defendant appeals. In mortgage foreclosure proceedings by advertisement, before an attorney’s fee can be included as an item of costs, the attorney must file his affidavit in full compliance with the statute. He must also be a resident attorney. Comp. Laws 1913, § 7792; 11 Cyc. 105; Fletcher v. Kelly, 88 Iowa, 475, 55 N. W. 474, 21 L.R.A. 347; Wilkins v. Troutner, 66 Iowa, 557, 24 N. W. 37. Costs cannot be taxed in the absence of statutory authority. Angholm v. Ekrem, 18 N. D. 185. “In a suit in equity the costs of a previous…
1Opinion of the CourtChristianson, J.
The defendant Styles is the owner of the premises involved in this controversy. The plaintiff had acquired and owned *222a $500 mortgage upon such premises, executed by Charles W. Goods-man and Amanda Goodsman, his wife, the former owners thereof. In January, 1916, the plaintiff instituted proceedings by advertisement for the foreclosure of such mortgage. The defendant Styles thereupon applied to the district court for, and received, an order under the provisions of § 8074, Comp. Laws 1913, enjoining the foreclosure by advertisement, and directing that all further proceedings for foreclosure be…
2Cases cited3 opinions
- Tracy v. ScottNorth Dakota Supreme Court · 1904
- Commercial Nat. Bank v. SmithSouth Dakota Supreme Court · 1890
- J. I. Case Threshing Machine Co. v. MitchellMichigan Supreme Court · 1889
3Cited by1 opinion
- Larson v. JacobsonNorth Dakota Supreme Court · 1926