Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1914-03-19

Supreme Court
IN THE SUPREME COURT,

IN THE SUPREME COURT,
STATE OF NORTH DAKOTA
Chris Sayold, plaintiff and appel.
liant, VS.. Abram Baldwin, defendant
and respondent.
Complaint and summons IN justice
court reviewed and the action is
held to be one in forcible entry n
detainer, brought under subdivisions
ger ) of Sec. s8406, r. C. 1905, under
either OF which subdivisions notice
to vacatc the premises a unneces.
sary before commencement Of the &C
ton, under Sec. S407, r. c. 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 there
after entered for plaintiff, from which
defendant appealed Ito the district
court on both law and fact, demand
ing trial de novo. The district court
reviewing the objection made in JUS
tice court sustained the same and
dismissed the action. Held, to- have
been error, and the case is remanded
for trial upon the merits. Appellants
costs on this appeal are taxed in the
sum Of $40. collection of the same to
abide the entry of final judgment.
(Syllabus by the Court.)
SnFrom the judgment entered on the
order of dismissal of the district
tcburt of Benson county, Cowan, j.,
plaintiff appeals.
Reversed and remanded for trial.
Opinion by Goss, j, Fisk J. dig not
participate.
Stuart & Ccmstock. OF Minnewau.
kan. attorneys for defendant and res
pendent.
Newton, Dullam & Young Of Bis
marck. of counsel for respondent.
). E. Skulstad, Of Maddox, attor.
new for plaintiff and appellant.
IN the Supreme court. State Of
North Dakota.
AZ I'LL styles and Theodore Koffcl,
plaintiffs, and Appellants,
George II. Dickey and N. G. Meyer,
as Sheriff of Pierce County, North
Dakota, Defendants and Respond
ents.
An appeal from taxation of costs,
ii which one dollar per printed page
for abstracts and briefs was taxed
as the disbursements of the prevail
n party paid therefor. .. (,
o. The allowance is reduced to
fifty cents per page as the amount
actually paid for printing.
(2) The court rules covering
printing require: that the printed page
shall be seven inches. long by three:
and one.half inches wide Of printed
matter, exclusive Of marginal or page
numbering.
(3) Where printed briefs and alb
stracts were used on the former ap-
neal, and the same were not there ex-
cepted TO as not having the proper
mount per printed page. required by
the.rules, tho printed page being un-
dersized; and the court having adj
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 on such grounds on the appeal
in which the printed abstracts and
BRIEFS are used, any exceptions to any
such deficiency in the briefs and abb
stracts must be urged on that ap-
peal, otherwise the same will be
deemed waived and the amount act
|ually paid for the printing should he
taxed, regardless of a deficiency in
size of the printed pages of briefs
and abstracts.
. tSyllabus by the Court.)
From an order of the district court
Of Pierce county, Burr, j., reviewing
taxation of costs, plaintiffs appeal.
Modified as to one item and judg-
ment ordered reduced accordingly,
and to avoid relaxation the costs of
this appeal are taxed and judgment
directed.
Opinion Of the Court by Goss. j..
Fisk, j., not participating.
Styles & Koffel of Esmond appear.
ing for themselves, appellants.
A. j.. Coger and T. A. Toner Of
Rugby for defendant and respondent
Dickey.