The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1927-08-19
SUPREME COURT
FROM HETrINCER COUNTY

FROM HETTINGER COUNTY
Theodore Monke. plaintiff and ap-
pellant VS. Iowa school district No. B.
Of Hettinger county, North Dakota, a
public corporation. defendant and
respondent.
Syllabus
Under section 1912 Of the COM
piled laws Of 1913, as amended by
chapter 2O6. session laws Of 1917,
which provides for transportation OF
pupils school board is not under
obligation to a parent to pay COM
pensation for the attendance Of .
pupil upon days when such pupil was
not transported to school.
Appeal from the district court OF
Hettinger county, Hon. +. I. Lembke
Judge.
Affirmed
Per curiam opinion.
Harvey j. Miller. New England. n
Oak. attorney for appellant.
Jacobsen and Murray. Mott, N. d.
! attorney, for respondent.
FROM DUNN COUNTY
Blanche Wllkp, plaintiff and ap
pellant VS. The Merchants State banl
! OF R:char,iton. a corporation, AM
Fred V. Stein. defendants and re
spOndents.
Syllabus
(D Following h ng Y. Talimadge
ct al, IS N. d. $40. lib N. W. ~
(and other decis:ons), it Is held tina
the supreme court is not required t
render final judgment in all case
wherein a trial de novo is demandeG
hut that. where such course
deemed necessary to the accomplish
ment Of Justice, the case will be re
! manled for 4 retrial in the distr c
court.
(2) For reasons stated In the opn
ION. the instant case is remanded 10
new trial in the district court.
Appeal from the district court o
Dunn county. PuEh. J. Plaintiff az
peals from the Judgment aud frof
an order denying new trial.
Remanded for a new trial
Opinion OF the court by Christian
son, J.
" r. " Curd" ~ bismarck, N. u
attorney for appellant.
.iaw.o,a. ,..n ana Burnett, an
NJ. l.. Mcbride. all Of Dickinson, 4
D., attorneys for respondents.
FROM MERCER COUNTY
Dakota Trust company. a corpor:
ton. plaintiff and respondent v
Lucky Strike Coal company. col
poration, e. ol. defendants and al
pcllants and Mary II. Anders and
B. Field Intervenors.
Syllabus
Cd Where q trust deed is give
to secure an obligation therein d,
scribed. to be evidenced by certa'
notes with definite maturity. eac
subject to q makers option to retlee1
in long term bonds and without an
requirement that the option shall !
exercised in the same manner wi.
respect to all notes. 1t is held tn;
the alteration Of given notes. exten'
ing their maturity and striking Of
the makers option to redeem
bonds. is not prejudicial to Il
riohts Of the holders OF unaltert
notes.
(2) 1t is he'd. for reasons stated
the opinions. that the obligations ev
denced by the altered notes are 81
ficiently identified as those secure
by the trust deed and that the hol
crs Of such notes are entitled
share ratably in the security.
CD Under section 1873 Of the sta
constitution and section 452S of y
COMPLIED laws Of 1918, which proht
corporations from Issuing stock
bonds except for money, labor dor
or money ~or property. actually
ceived, bonds issued as collateral
curitv f"r an existing indebtedne
are invalid.
Appeal from, the district court
Mercer county, Hon. H. l.. Der
Judge.
Affirmed
Opinion of the court by Birdie
Ch. j. =.
Schwartz and Higgins. Golden Vi
ley, N. OAK. attorneys for appellar
Mercer county, ct al: ohare. NoS
Cox, Bismarck. N. D.. attorneys !
appellant; Marshall Malaise Lumt
company; T. H. McEnroe, Fargo.
OAK. attorney for appellants F.
and Quinn; and Conmy, Young a
Burnett. Fargo. N. OAK, attorneys
interviewer, Mary H. Anders.
Zuper & Tillotson. Bismarck. N.
attorneys for respondent Oak
Trust company; and Sullivan, HI
lev & Sullivan. Mandnn. N. OAK.
e. torneys. for respondents Finch. ID;
of son, Won Hagen. Red Trail Trans
company. Klein, Quick Print ct
many and Peterson.
FROM CASS COUNTY
Joseph Steiskal, plaintiff and
spondent VS. D. c. barrow, defend
and appellant.
Syllabus
1. In an action for damages un