The Fargo forum and daily republican. [volume] (Fargo, N.D.) 1894-1957, 1917-02-24
SATURDAY EVENING LETTER
(By Justice J. e. Roblnson.)

! AS fears makes q man tremble ank
deluge fall in, SO the fear Of error Ii
often the cause of error. Without
proper self-confidence. there is a lack
| OF clear mental vision. A person who
is always in doubt and always hesti-
tating and reconsidering, ceases to
have a quick and clear perception. He
makes his mind a beast of burden.
Under the present system a judge
| has to go over the details of a case
several times and to keep 1t in his
mind about two months. This is men
tai drudgery. 1t is intolerable. We
must stop 1t. Every case should be
decided and finally disposed of within
few days after 1t is argued or SUBJ
mitted.
This week / submit to the judges
three A. B. c. rules:
A. q. G. Rules.
(a) When. by the chief Justice, a
case is assigned to any judge to write
the decision, his duty is to do it within
tyo or three days and to submit a
copy to each OF the judges.
(b) When q decision Is written by
any judge and copy of 1t is laid on
the table of another judge, his duty
is to look it over within a day and to
concur or dissent. so that in each week
ten or more cases may be finally de-
cided and the work cleaned UP on the
afternoon Of each Saturday.
(c) A motion for rehearing must be
made within ten days after notice Of q
decision. It must not be a mere come
back or protest against the decision.
1t Is only to be made in rare and ex-
ceptional cases and on grounds Of
obvious error.
Here are two of my simple decisions
in which the judges concur:
Wade We. Major.
Robinson. j.: This is an appeal
from a judgment permitting a re-
demption from foreclosure sale.
where the money was paid to the
sheriff the next day after the year of
redemption had expired.
The defendants appeal to this court
ana insist that the court Is fpowerless
to decree redemption because it was
q day too late. To redeem the plain
tiff incurred a great expense. She
rtsked her health and life in drivinR
over the cold drifting SHOWS when her
driver lost his. way. She put her re-
demption money into the hands OF twn
sheriffs in the best OF good faith. but
by reason Of accidents which she could
not foresee or prevent. she got to the
last sheriff a rev hours after the lapse
OF the year from the date when her
mortgages had caused her property to
De sold to themselves for much less
than its value. Now 1t would seem
that II courts cannot give relief under
such circumstances, 1t Is time for the
judges to go to bed and cover their
heads in shame. The statute gives q
mortgage only a conditional right to
become a purchaser OF land at his own
foreclosure sale. He must act fairly
and in good faith, so as to avoid op-
preston and to take no advantage of
his mortgagor through the forms OF
the law. He Is entitled to only his
money, with interest at the enormous
rate Of IL per cent, even though he,
gets 1t few days before or after the
year of redemption. He has no right
to avail himself of the law to get
something for nothing, or to speculate
on the misfortunes of his debtor
To mitigate the asperitieE of the law
and to grant relief against forfeitures,
penalties. accidents and mistakes, this
has always been the special function
and the duty Of courts of equity. This
court is not disposed to give the pound
of flesh, because 1t Is so denominated
in the bond. The judgment Of the dis.
trict court is highly commended; and
it Is affirmed.
sIetten We. Bank.
Robinson, j.. This is a suit for re-
demption from foreclosure sale after
the making of a sheriff's deed to the
purchaser. Under a mortgage made
by the plaintiff on April 10, 1918. the
bank foreclosed on a quarter section
of land and bid In the same for
principal and interest and costs,
amounting To $s00.04. The trial court
BY Hon. J. a. CofHey. gave judgment