Crane v. Odegard
North Dakota Supreme Court
Appeal from District Court, Griggs County; S’. L. Glaspell, J. Action by Maynard Crane against John T. Odegard. From an order affirming the taxation of costs on a remittitur from the Supreme Court after an unsuccessful appeal by plaintiff, he again appeals. There is no cost allowed for reargument. Kirby v. Western Union Telegraph ‘Co., 8 S. D. 54, 65 N. W. Rep. 482. Cost is dependent on statute. Courts have no inherent power to award costs to a litigant.
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Appeal from District Court, Griggs County; S’. L. Glaspell, J. Action by Maynard Crane against John T. Odegard. From an order affirming the taxation of costs on a remittitur from the Supreme Court after an unsuccessful appeal by plaintiff, he again appeals. There is no cost allowed for reargument. Kirby v. Western Union Telegraph ‘Co., 8 S. D. 54, 65 N. W. Rep. 482. Cost is dependent on statute. Courts have no inherent power to award costs to a litigant. Wallace v. Sheldon, 76 N. W. Rep. 419; Atwater v. Russell, 52 N. W. Rep. 26, 5 Enc. PI. & Pr. 196; Swartwont v. Evans, 37 111. 442.'…
1Opinion of the CourtYoung, C. J.
Plaintiff appeals from an order of the district court of Griggs county affirming the taxation of costs in this case by the clerk of that court upon a remittitur from this court. The controversy is over costs which accrued in this court. The case was argued twice. At the first argument three motions were made by counsel for respondent, one of which was to strike out the appellant’s statement of case and affirm the judgment of the lower court. The motion was sustained. Plaintiff petitioned for a rehearing. The petition was granted and the case was fully reargued at the September, 1902, term,…
2Cases cited4 opinions
- Brown v. EdmondsSouth Dakota Supreme Court · 1896
- Crane v. OdegardNorth Dakota Supreme Court · 1903
- Kirby v. Western Union Telegraph Co.South Dakota Supreme Court · 1895
- Sweet v. ChapmanNew York Supreme Court · 1877