Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1913-06-08
Supreme Court

In the Supreme Court. State OF North
Dakota, April term, 1918.
Investors Syndicate, a corporation, re-
spondent, VS.. Thomas II. fugh, as
Administrator of the Estate of Jere-
miah S. Let's, deceased, and Arthur
T.. Robinson, as Administrator OF the
Estate of Elizabeth W. Let's, de-
ceased. and John w. Boyer, as Inter
~-Nenor, Appellants.
/. An allowance for disbursements
in making a transcript on an appeal TO
| the supreme court is allowed under
Sec. TIT r. c. 1905, as taxable dis
bursements, and is held not to be COW
| cred by Sec. TIA, r. c. 1895, which
relates 10 statutory costs and not to
disbursements.
2. Where a trial judge in a suit
in equity. appoints a stenOgrapiler to
take and report testimony. it is prop,
er to allow to such person the fees
allowed by Sec. 2G0S, r. {. 1908. and
to tax the same as costs and disburse'
ments in the proceeding.
8. Although the giving Of surety
company bonds upon appeal is author
lied by Section 4456, r. c. 1905, and
the cost thereof may under such stat
utes by included in the taxable costs
and disbursements in the proceeding,
The amount taxed cannot exceed one
per cent Of the penalty of liability,
no matter how much actually was paid
at, ,,- r,nnccru,, a., hn mid rnr c1Jrh
bonds.
4. Sections 445G and 4457, r. G..
1908, which authorize the giving Of
such bonds and the taxing of the cost
the,cof, are not Unconstitutional.
as being class legislation.
S. = claim for printing briefs and
abstract held to be reasonable under
the circumstances, and allowed.
6. Although in a foreclosure pro-
ceeding the foreclosure attorneys fee
provided by Sec. 7176, r. c., 1905, eX-
cludc the taxable statutory costs pro-
vidod for in Sec. 7l74 r. C. 1895, as
between the mortgage and the mort
gag0r: yet such costs can properly be
recovered against, ana are the only
attorneys fees recoverable against an
%intervenOr who does not defend
against the foreclosure, but claims
title to the mortgage and seeks to
have the same assigned and set over
to him.
(Syllabus by the COnrt).
Appeal from the District Court of
CIV nrE (SnI,Utu f,.p urfnrt
Motion to Review Re-TaXatiOn of
Costs.
Defendant ana I%ntcrv2nor appeal.
Modified.
Opinion of the Court by Bruce. j.
Bangs, Cooley e Hamilton, Grand
Forks. Attorneys for Respondent.
NJ. A. H%ildreth, Fargo, Attorney for
Appellants.
State of North Dakota, in Supreme
Court. April 1913, term.
German Mercantile Company, a cor
Horation, plaintiff and respondent,
vs.. John p. Wanner, Defendant and
Appellant.
|. In an action brought by plain
tiff, a domestic corporation, on a prom :
sorry note given it by defendant for
20 shares Of plaintiffs capital stock,
it is HELD, that such a note is prop.
erty' and not included in the prohibit
ton contained in section 1873 of the
Constitution, which prohibits any cor
poration from issuing stock except for
money, labor done, or money or prop
erty actually received.
2. The purchaser Of stock in a cor
poration which has been duly organic
ed and is a going concern, is liable to
tie cor1,o, alton for such part of the
value of the stock so purchased as
has not actually been paid In cash or