The Fargo forum and daily republican. [volume] (Fargo, N.D.) 1894-1957, 1914-03-16
From Benson County.

Chris Savold, plaintiff and appellant,
VS.. Abram Baldwin, defendant and re-
.spondent.
Complaint and summons in justice
court reviewed and the action is held
to be in forcible entry and detainer:
brought under subdivisions 2 or 3 OF
section S406, r. G. 1905, under either
of which subdivisions notice to Yacate
the premises was unnecessary before
commencement Of the action. q
section S407, r. G. 1905.
The action was started in justice
court where objection was made to
the Jurisdiction because Of want OF
service and filing of notice to vacate,
and overruled with judgment mere
after entered for plaintiff, from which
defendant appealed to the district
court on both law and fact, demanding
trial de novo. The district court re-
viewing the objection made in Justice
court sustained the same and dismiss
ed, the action. Held to have been er.
ror, and the case is remanded for trial
upon the merits. Appellants costs on
this appeal are taxed in the sum or
SO, collection Of the same to ABIDE the
entry of final judgment.
(Syllabus by the court.)
From the Judgment entered on the
order Of dismissal Of the district court
of Benson county. CoWan, j., plaintiff
reversed and remanded for trial.
Opinion by Goss. j. Fisk, j., did not
participate.
Stuart & Comstock Of Minnewau-
kan. attorneys for defendant and re-
spondent; Newton, Dullam & Young
OF Bismarck, counsel for respondent;
;. e. Skulstad Of Maddox, attorney
for plaintiff and appellant.
From Pierce County.
Asa J. styles and Theodore Koffel,
| partners, as styles & Koffel, plaintiffs
and appellants, VS.. George II. Dickey
and n, G. Meyer, al sheriff of Pierce
county, North Dakota, fendan and
respondents.
An appeal from taxation of costs, in
| which 81 per printed page for alb
| stracts and briefs was taxed as the
disbursements of the prevailing party
paid therefor.
/. The allowance. is reduced to so
| cents per page as the amount actually
| paid for printing.
g., The court rules covering print
ing require that the printed page shall
be seven inches long by three M one
half inches wide of printed matter, ex-
elusive Of marginal or page numbering.
3. Where printed briefs and alb
| stracts were used on the former ap-
| peal, and the same were not there ex-
| cepted to as not having the proper
amount per printed page required by
the rules. the printed page being un-
dersized; and the court having ad-
| Judged on such appeal that the pre-
vailing party printing such briefs
| should recover costs to be taxed as
provided by law, the trial court prop
erly refused to make allowance for any
deficiency in size Of the printed page
Where an objection may be made or
such grounds On the appeal in which
the printed abstracts II briefs are
used, any exceptions to any such def
cheney in the briefs and abstracts must
be urged on that appeal, otherwise the
same will be deemed waived and the
amount actually paid for the printing
should be, taxed, regardless Of a def.
cheney in size Of the printed pages o!
briefs and abstracts. HI
(Syllabus by the court.) "
From an order of the district cour1
Of Pierce county, Burr, j., reviewing
taxation of costs, plaintiffs appeal.
Modified as to n item and judg'
ment ordered reduced accordingly, ant
to avoid re-taxation the costs Of thi:
appeal are taxed and judgment di,
ERECTED. ST. f..,..
Opinion Of the court by Goss, J.
Fisk. j., not participating.
STYLES & Koffel of Esmond, appear
ing for themselves. appellants; A. e