Swallow v. First State Bank
North Dakota Supreme Court
Appeal from the District Court of Hettinger County, Crawford, J. Plaintiff appeals. The clerk must insert in the entry of judgment on the application of the prevailing party, upon notice, the sum of the allowance for costs as provided by this'Code. Comp. Laws, 1913, §§ 7793, 7794, 7800; Wolfe v. Kidley, 17 Idaho, 173, 104 Pae. 1014, 20 Ann.
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Appeal from the District Court of Hettinger County, Crawford, J. Plaintiff appeals. The clerk must insert in the entry of judgment on the application of the prevailing party, upon notice, the sum of the allowance for costs as provided by this'Code. Comp. Laws, 1913, §§ 7793, 7794, 7800; Wolfe v. Kidley, 17 Idaho, 173, 104 Pae. 1014, 20 Ann. Cas. 39. Where costs on a motion for new trial are in the discretion of the court, no costs can be allowed unless the court exercises its discretion by awarding them. 11 Cyc. 252. Costs are statutory, and none can be allowed which do not come within the…
1Opinion of the CourtChristianson, J.
In 1912, plaintiff recovered judgment against the defendant in the district court of Hettinger county for $800 damages. The defendant procured a transcript of the evidence adduced, and the proceedings had at the trial, at a cost of $60.75. Defendant thereupon prepared a statement of the case, which was duly settled, upon which it founded a motion for a new trial, which was granted.
The trial court assigned the following four.reasons for ordering a new trial:
“1. That the damages awarded by the jury are so excessive as to convince the court that they were awarded under the influence of passion…
2Cases cited9 opinions
- Davis v. JacobsonNorth Dakota Supreme Court · 1904
- State ex rel. Jefferson County v. HatchWashington Supreme Court · 1904
- Corbett v. Great Northern Railway Co.North Dakota Supreme Court · 1914
- First Nat. Bank v. NorthSupreme Court Of The Territory Of Dakota · 1889
- Swallow v. First State BankNorth Dakota Supreme Court · 1914
4 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Andrews v. O'HEARNNorth Dakota Supreme Court · 1986
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- Unemployment Compensation Division of the Workmen's Compensation Bureau v. People's Opinion Printing Co.North Dakota Supreme Court · 1941
- Boe v. StateNorth Dakota Supreme Court · 1941
- Frank A. Hubbell Co. v. CurtisNew Mexico Supreme Court · 1936
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