The Fargo forum and daily republican. [volume] (Fargo, N.D.) 1894-1957, 1911-02-28
Decisions of the Supreme Court

In the supreme court state of North
Dakota, October term. 1910 Leonard
Stockwell. plaintiff VS.. w. c. Craw-
ford, district judge of the Tenth ju-
dicisl district, North Dakota, defend
ant.
/. Generally mandamus does not lie
to control the exercise of judicial dis
erection.
2. Under the facts disclosed by the
record in this case, the action of the
defendant as judge of the district court
Of Billings county, set forth in the
opinion, in adjourning a term OF the
district court of that county without
trying the case in which the plain
tiff herein was a party. was an ex-
ercise of judicial discretion.
3. Affidavits of prejudice directed
at the judge of the district court and
not filed before the commencement OF
the term at which the case is to be
tried, are of no effect, and do not de-
prive the judge of the right or power
to try the action in which such affi-
davits are filed during term time.
~ HuGI the ana
proceedings surrounding the act Of the
judge in this case, it is held, that his
attempts to secure the judges of other
districts to sit in the trial Of the case
in his place, were purely voluntary
and that mandamus will not lie to
compel him to reconvene the term of
court and call in another Judge, by
reason of his not having made every
effort possible to secure another Judge
to sit in the trial of the cause in
which the plaintiff was a party.
5. The discretion of a Judge Of the
district court pertaining to the set
ting Of causes for trial, the order of
their arrangement on the calendar and
the adjournment of terms Of his court,
is almost unlimited, and ofttimes the
rights of a litigant must give way to
the superior rights of the public and
the necessities of the occasion, as gov
erned by the duties of the judge and
the terms and business of the several
counties of his district.
(Syllabus Of the court)
An alternative writ of mandamus
directing the Hon. w. c. Crawford,
judge of the Tenth judicial district
to reconvene the district court for the
county of Billings and proceed to the
trial of cause by the jury without
delay, was granted. and on return of
such judge, the writ is quashed.
M. A. Hildreth, for petitioner.
w. G. Burnett and McFarlane e.
Murtha for defendant.
Opinion of court by Spaldng, j., all
concurring except Morgan, c. j., not
participating.
e. A. Wadsworth, plaintiff and ap-
pellant VS.. G. r. Owens, defendant and
respondent.
l. The defendant leased Of plaintiff
certain real estate for the season of
1905. At the request of the plaintiff
defendant remained upon the premises
during the winter of 1905 and 6. With
out any agreement the plaintiff fur
nished seed and the defendant sowed
it and cropped the same premises in
1906
Held. that section 5531, R. C.. 1905,
providing that IF a lessee of real
property remains in possession there
Of after the expiration Of the hiring,
and the lessor accepts rent from him,
the parties are presumed to have re-
newed the hiring on the same terms
and for the same time, not exceeding
one year." applies, and that the de-
PENDANTS rights in the premises and
crops for 1905 were governed by the
contract in writing made for the year
1905, and that this rule is not abro-
gated by the fact that after having