The Ward County independent. [volume] (Minot, Ward County, N.D.) 1902-1965, 1912-10-31

court on this second appeal On this
appeal 1t was decided that Turcotte
mad not been in adverse possession OF
the land the full ten years SO as to
give him title. There were two
months or whereabouts short.
Mr.. Robinson and his clients were
credited with the value of the use OF
the land while Turcotte had it, thus
giving them the profit from Turcotte's
industry and work; and they were
charged with the principal and inter
est due on the mortgage and the
taxes paid by Turcotte. This left q
balance of about 500 due to Turcot!e
after deductlng the costs allowed.
Mr.. Robinson was much dissatis
fed with this decision because il
made HIM pay something to get the
land away from Turcotte.
He petitioned for a rehearing and
the court let him argue it again bu.
with few minor changes adhered to
their former decision.
Mr.. Robinson is now abusing tn,
court because he was not permitted to
get the land without paying tn,
mortgage and taxes; and therefore
did not make as much on his specu-
lative law suit as he had hoped anu
He claims among other things tina,
Judge Bruce ignored the Statute rel.
ative to costs and claims that Sec,
1913 Rev. Code entities him to FULL
costs.
On this point Mr.. Robinson either
wilfully misrepresents what the law
is or is ignorant of It. Sec. IT'S re.
ferred to by Mr.. Robinson has no
to such case as his; hui
that kind of a case is governed ny
Sec. 7179, which directs that tn
court shall in such cases allow or dis.
allow costs according to the justice
and equity of the case.
In view Of the questionable method
pursued IN stirring up the law suit
and the circumstances of the case it
would seem to any far-minded man
That Mr.. Robinson ought to be thank
ful that he was allowed the actual
costs OF printing his record on the
The foregoing are the facts Of Mr..
Simple Case" Mr.. Rot
inson's essay on judicial reform anu
criticisms of the work and procedure
of our supreme court is on par with
his "story of a Simple Case" It is
a tissue of Misrepresentation aud
SANDER. Mr.. Robinson In effect
states that the judges of the supreme
court have by means of rules unnec
essarlly Increased the delay and ex.
pense of appeals. This statement ID
a shameless falsehood.
The truth is that the procedure in
the supreme court as in other courts
is governed for the most part by the
constitution and the statutes enacted
by the legislature; and the Judges OF
the supreme court are as such bound
to obey these laws as any other citl.
zen or officer.
In matters not covered by the con
stitution and statutes the court may
and does make rules from time tc
time as expediency may require. Rut
as every practicing lawyer knows the
rules of the supreme court are design
ed to and do serve to cheaper
cost of litigation and expedite the
speedy disposition of it in an orderly
way TO the extent that the laws par
NIT. ., ~ ,~,~'
ter listening to fellow rake my opou
ent for an hour. in which he said all
Of the bad things that man could lay
his tongue to, l handed him my card
and asked what he could do for me.
You candidate for that once! he
inquired. why, haven't 40 much use
for you as l have for the other fel
low was the ncouraging reply"
Mr.. Robinson complains that ab'
stracts are required and states hat
the record ''Is filled with an kinds OF
matter; and in case Of an appeal it
all must be printed in the form Of a
book which il called an abstract"
Il is apparent to anyone that the
record Of the facts in the case as
Na.f