The Fargo forum and daily republican., 1916-12-06
DECISION OF THE
SUPREME COURT
From Ward County.

Grant s. Youmar1s, plaintiff and
appellant, VS.. Louis b. Hanna, ct al,
defendants and respondents.
SyIlabus:
/. Where the only resident attorney
| and attorney of record in a law suit
signs and consents to the hling of a
stipulation advancing the cause upon
the calendar OF the supreme court and
setting it for hearing upon a day GER
tain, such stipulation will not be set
aside upon an affidavit by him merely
to the effect that "he believes" he had
no authority to sign the same, and
that 'he is informed his nonresident
associate counsel would bs engaged
and unable to prepare the brief, when
the facts as to authority and engage
ments are clearly matters of positive
knowledge to his client and such nom
resident counsel, and these persons
themselves furnish no proof or affi-
davits whatever of the facts alleged,
and when the court is satisfied that
counsel had abundant time for prep
aration.
2. Non resident counsel are not
permitted to practice in the courts of
North Dakota as a matter of right,
but as a matter of permission and
privilege merely.
8. 1t is the duty of a state banking
board to require a bank to remove
objectionable securities where in it's
opinion the safety of the depositors
requires Ii.
4. Where such board takes such an
action and is justified by the facts in
doing so, the motives of its members
are immaterial. since no liability can
be based upon the performance of a
clear and positive public and official
duty.
5. IL a banker feels aggrieved at
the action of the state banking board
in requiring him to remove objection
able securities, he should apply to the
courts to have such order set aside
under the provisions of Par. 3, Sec.
| 5146. C. l.. 1918. Unless this is done
| such order will remain in force and
be effective.
6. Except where the members en-
gaged make what would otherwise be
lawful and innocent act a nuisance
and harmful, what one may do singly
a number may do together. The mere
fact that number of persons join
together in making a purchase of
banking stock upon terms and condi-
tions which would have been perfect
ly lawful for one to do by himself
does not render such transaction un-
lawful.
Z. The Eist of the action OF con-
spiracy is damage and where no dam
age is proved the action cannot be
maintained.
s. An order of the state banking
board requiring the Savings Deposit
bank, of Minot, to remove objection
able securities and closing the bank on
account of the failure so to do held
to have been lawful and valid.
The purchase of the controlling
stock in the said bank by certain OF
the defendants after it had been clos.
ed. held to have been valid and lega.
transaction.
Appeal from the district court OF
Ward county. w. j, Kneeshaw, special
judge.
Action of conspiracy.
Judgment for defendants. Plaintiff
appeals.
Affirmed opinion of the court by
Bruce, j.
g. B. Davis, Of Minot, N. D., and
James Manahan, of st. Paul. Mimi
and Arthur LIE Sueur, OF Fort Scott.
Kansas, attorneys for plaintiff and
appellant.
Henry ]. Linde. attorney general,
and Assistants Attorney General
Francis j. Murphy and III. r. Bitsing.
OF Bismarck, John B. Greene with
Palds & Acker. OF Minot, and w. E
Purcell, of Wahpeton, of counsel. at
torneys for defendants and respond
ents,