The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1919-03-19
BY Aher1,
BY BlOsser

the exercise Of a police regulation' Inc
reason upon which such an ordinance
rests is, public safety and convenience
60 The defendant railway COM
pany alleges misconduct Of a court
officer during the trial, namely the
bailiff who was in charge Of the jury
during the time of it's deliberations;
held the evidence in this case does not
show misconduct by said court officer:
Appeal from the District Court OF
Ward County, X. E. Leighton, J.
Affirmed.
Opinion of the Court by Grace, J.
Robinson, j., dissents.
F. 3. Lambert, Minot, attorney for
plaintiff and respondent.
Murphy & Toner, Grand Forks, at
torneys for defendants and appellants
From Benson County
Bovey-Shutc Lumber Company, a
corporation, plaintiff and appellant,
VS.. Edmore (Evorc) Thomas, Fred S.
Chopper, Peter j. kccfe, Fl. c. Bear
and Farmers & Merchants Bank OF
Leeds, N. D., corporation, defend
ants and respondents.
(SYLLABUS)
Cd a seed lien statement under
Sec. 6852, G.. l.. 1913, which is signed
by the vice president Of bank, and
which directly claims seed lien in
favor of such bank, and which further
states the kind and quantity OF seed
furnished, and a proper description OF
the land upon which the same was
sown, substantially complies with the
statute, as against the objection
raised, that the lien statement does
not show affirmatively that the bank
furnished the seed, or possessed any
interest in the grain.
(2) In an action brought by the
holder of shcriff's certificate Of sale
to recover the owners share of certain
wheat under its right to receive the
rents, or the value of the use of land
during the period of redemption,
where defendant bank has interposed
q counterclaim alleging Il seed lien to
exist upon such wheat for the seed
furnished therefor, and from which the
same was grown, and where the evil
dence discloses that the bank fur
.nished such seed wheat to the party,
either as a chattel mortgage in pos
session of such seed wheat, or as a
party to whom the owner thereof had
turned over such seed wheat, it is held
that the bank is entitled to enforce a
seed lien upon such grain, as the party
who furnished the same within the
meaning Of Sections G85l and 1882, G.
L. 1918.
Action to recover certain grain; de-
PENDANT bank intcrposed counter claim
alleging a seed lien thereupon,
From a judgment rendered for the
bank, and from the order Of the Dis
trict Court, Benson County, Butte, j.,
overruling motion for judgment non
obstante, the plaintiff appeals.
Affirmed. -. -
Opinion Of the Court by Bronson, j.
r. "A. Stuart, Minne1Naukan, and
Cuthbert & Snythe, Devils Lake, at
torneys for appellant. -.z.,
Sinness & Duffy, Minnewaukan,. N.
OAK, attorneys for respondent.
F. Orth. Geo. E. Towle, J. r.. Orth
and 2. r. Orth, Trustees for Citizens
State bank Of Regent, n. d. dissolved,
plaintiffs and appellants, vs., Charles
Precise and Nellie Lee Precise, refen-
udIllS anu respondents.
Syllabus:
(1) In trials de nOvo, under the
Newman act section 7S46, C. L. 1918,
in the supreme court, the use of the
term Judgment reversed" in the opin-
ion of the court determining the case,
means final disposition Of the case.
unless it appears from the opinion of
the court, or the language used, that
new trial is ordered, or may be grant
ed.
(2) Where an appeal has been had
to this court in an action which is,
triablc, and has been tried and sub
court i'll it's opinion, indicated a final
Of the case and ordered the
judgment to be reversed, it is held that
the trial court had no authority to
grant a new trial in such action. upon
motion made therefor, and that it was
proper to enter q judgment of dis
missaL, and for casts in the trial court
against the appellants herein.
81 Where Judgment is rendered
upon an action brought upon a note
and mortgage, and for the foreclosure
thereof against two defendants, and
one only of the defendants appeals
therefrom, the reversal of such judy
ment by this court, on such appeal,
does not operate TO reverse the judy
ment rendered against the other de
fendant who has not appealed
Appeal from order Of district court,
Hetinger County, Crawford j.. deny
ing motion for new trial
Affirmed.
O.,'n'on of the court BY Bronson. ].
8 f.sC ueffron Dickinson, attorney