The Fargo forum and daily republican. [volume] (Fargo, N.D.) 1894-1957, 1917-01-15
REVERSE
5 COURT
DECISIONS
Supreme Court Hands Down
Five Reversals Of Four
.. District Judges

Five reversals Of decisions by four
district judges of the state have been
handed down by the supreme court
the cases being carried up from Ben
son, Morton, Ward, Wells and Stuts-
man counties. Four of the opinions
were by Justice j. e. Robinson.
The decisions are as follows:
From Benson County.
Asa ]. Styles.
Plaintiff and Appellant,
VS..
NJ. Lillian Styles. 70 r.
Defendant and Respondent.
Syllabus: This is an action or motion
concerning the custody of a minor
child of the plaintiff and the defend
ant. There was no good reason for
commencing the action, and the judg-
ment has been given for a large sum
OF costs and attorneys fees, without
law; and hence the judgment is re-
versed and the action dismissed with
out costs.
Appeal from district court; Benson
county. Hon. w. j. Kneeshaw, spe-
cial judge.
Robinson, J. Asa J. Styles, Esmond,
attorney for plaintiff and appellant.
torneys for defendant and respond
emit.
From Morton County.
State of North Dakota, ex. rel. Forest
Lake State bank (of Forest Lake,
Mimi, corporation.
Plaintiff and Appellant,
VS..
Chas. Herman. Sheriff Of Oliver coun-
Defendant dad Respondent.
Syllabus: The law favors the right
Of redemption.
Appeal from district court of Nor
ton county, Hon. w. L. Nuessle, spe-
Reversed. Opinion of the court by
Robinson. J.
Pfefrer & Pfeffer, Fargo, attorneys
for plaintiff and appellant. ~
John F. Sullivan, Mandan, attorney
for defendant and respondent.
From Ward County.
w. 8. Mott Co., a corporation,
Plaintiff and Appellant,
Village Of Sawyer, municipal COR
poration,
Defendant and Respondent.
Syllabus: (D In the absence of
statutory requirements covering the
formalities necessary to bind a mu-
nlClpdllIy 10 u COHlTdCLudA idutltLyp
a municipality is bound by the acts of
it's officers in accepting a proposal.
ca Where a board of village
trustees allows q bill and directs is
suance of warrants in payment for
property which it is authorized to buy
and which is offered for sale under
the terms of a definite proposal, the
proposal is accepted and the village
is liable upon the warrants so issued.
(O Where q legal petition is filed
by citizen property owners requesting
a board of village trustees to incur
a debt or liability, or to issue bonds
for a given purpose. the petition is in
the alternative only as to the form
of the liability, and the submission to
vote of the question of issuing bonds
does not exhause the authority of
village trustees to incur liability for
the purpose stated. %r
Appeal from district court of Ward
county, K. E. Leighton. ].
Reversed. Opinion of the court by
Bosard & ,Twiford, of Minot, at
torneys for plaintiff and appellant.
Palda, Aaker e. Greene, of Minot,
attorneys for defendant and respond
ent.
From Wells County.
Wilhelmina Hager, by j. j. Schmidt.
ner SudfuIdH, INcSpOnuenL,
William E. Clark. Appellant.
Syllabus: In an action for NAL
practice, where there has. been q fair
trial, an order denying a new trial
will not be reversed when it is doubt
full on which side the evidence pre-
ponderates.
Appeal from the district court of
Wells county; Hon. ]. A. Coffey, ].
Affirmed. Opinion OF the court by
Robinson, J.
John Q. Hanchett, Harvey, attorney
for appellant.
F. J. Funke, Anamoose, and E. r.
Sinller, Minot, attorneys for respon-
dent.
From Stutsman County.
Stutsman County Bank, -- o..
Plaintiff and Appellant,
VS..
William Jones,
Defendant and Respondent.
Syllabus: This is an action to re-
cover on five promissory notes. A
judgment for the defendant is re-
Vefsed because of three prejudicial
answers and because of a mass of
pre!udicial and Incompetent evidence.
Appeal from district court Stuts-
man. county, w. L. Nuessle, J.
Reversed with directions.
Opinion OF the court by Robinson,
J. M
George w. Thorp and Russell d.
Chase, jamestown, counsel for the ap-
pellant. e,
Knauf & Knauf. jamestown. for re-
spondent. ~.