The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1927-02-19
DECISIONS OF THE SUPREME COURT

ohS wv SuC I0u8O A6C
used and no requests were made for
specific instructions diferentiating
between insulting language and as.
sault as defined by the statute.
S. Under the provisions of sub.
division 5, Section 1860 G. l.. 1918 as
amended by Chapter 1874 Of the s. L.
of 1928. this Court may order a re-
ducton Of the amount Of damages al
lowed by the verdict of the jury, when
it appears the damages are excessive,
the other issues have not been in
fluenced by passion or prejudice, and
when a new trial is demanded be-
cause of such excessive damages. Evil
dence examined and it is determined
the damages allowed are excessive
and clearly appear to have been Civ
en- under the influence of passion or
prejudice. The court therefore will
grant a new trial unless the plaintiff
consents to a reduction of the YER
dict from $4,000 to $500 and agrees
to remit the excess Of damages.
Appeal from the District Court Of
Ward County, Hon. John c. Lowe,
Judge.
AFFIRMED upon condition.
Murphy & Toner, Grand Forks, N.
D., Attorneys for Appellant.
John E. Burke, Minot. N. D., Attor-
ney for Respondent.
From Benson County
George Payscno,
Plaintiff and Appellant.
The Padgett Company, a COR
DOratiOn. ct al
Defendants.
The Northern Trust Company,
a corporation,
Defendant and Respondent.
SYLLABUS:
/. Section 6832 Of the Supplement
to the 1913 Compiled Laws and Scc-
ton G833 of the Compiled Laws for
1918, which require public officers
and boards authorized to enter into
contracts for public improvements to
take from the contractor a bond con.
ditioned to be void if the contractor
and all sub-contractors shall pay all
bills and claims on account of labor
or materials furnished in and about
the performance of the contract, at
the peril Of being held personally
liable. and Section 6O7a6 Of the Sup
PACUuCut W luC AVxO WIN pllCu AuW s.
specifically requiring bonds from con-
tractors for highway work, are de.
signed to afford protection to those
furnishing labor, service or material
into public Improvement.
2. A statutory bond will be con-
strued in the light of the purpose for
which it is required as expressed in
the statute.
3. One furnishing for hire horses
which are used in the prosecution of
highway work under contract per-
forms service within the condition
of bond protecting persons perform
ing any labor or services or furnish.
ing material in the performance of
the contract.
Appeal from the District Court of
Benson County, Hon C. w. Butte,
Judge.
REVERSED AND REMANDED.
Opinion Of the court by Birdzell,
Oh. J.
Geo. Thorn, Jr., McClusky, N. OAK,
Attorney for Appellant.
Pierce. Tenneson. Cupler & SIAM
baugh. Fargo, N. Oak, and WARDROBE
& Butterwick, Minnewaukan. N. OAK.
Attorney for Respondent.
From Adams County
A. famous, j. famous and D.
famous, cO-partners under the
firm name and style Of famous
Plaintiffs and Appellants.
VS..
j. F. Tracy,
Defendant and Respondent.
SYLLABUS:
l. Under section 81O6 C. L. 1918,
all the right, title. and interests Of
the mortgagor to land sold on FORE
closure of q mortgage vests in the
mortgage immediately on the execu-
ton Of the statutory deed, at the ex-
piration Of the period Of redemption.
2. Growing crops are part of the
realty, and as between. mortgagor and
mortgage the title to growing crops
vest in the mortgage at the expira-
tion Of the period of redemption from
foreclosure sale.
Appeal f,bm the District Court Of
Adams County, North Dakota, Hon. F..
T. Lembke. Judge.
AFFIRMED.
Opinion of the court by Burke, J.
Paul w. Boehm, Hettinger, North
Dakota, and Morrison & Skaug, Mo.
bridge, South Dakota, Attorneys for
Plaintiffs and Appellants.
f. N. Jackson, Hettinger, North Da-
kota, and J. X. Murray, Mott, North
Dakota, Attorneys for Defendant and
Respondent.
From Divide County
Charles L. Rouse, tf1-
Plaintiff and Appellant.
vs..
Rudolph Zimmerman, ct al.
Defendants.
Rolf Reitc. .s
Defendant and Respondent.
SYLLABUS:
/. In the absence Of proof to the
contrary equity assumes it was not
the intention Of the holder Of great
err estate and q less estate which
meet in his person to merge the same
when an intermediate estate inter-
yenes. ..
2. Where the holder Of q third
mortgage pays the installments due
on the first mortgage together with
accruing costs in order to prevent
foreclosure of this first mortgage he
is entitled to be subrogated to the
rights under the first mortgage, to
the extent of his payments, as against
an intervening second mortgage, even
though he has foreclosed his third
mortgage and received Sheriff's deed
thereon, In the absence of proof show
ing his intention to merge the estates.
8. In such case it is not necessary
for the one claiming the right of sub
rogation to pay all installments due
in the future before he is entitled to
his rights. Each installment is a