North Dakota Supreme Court, 1906

State ex rel. Rusk v. Budge

North Dakota Supreme Court · Decided February 23, 1906

15 N.D. 205; 106 N.W. 293; 1906 N.D. LEXIS 10

Cases that cite this one

3 later published cases cite this decision.

State ex rel. Miller v. Leech (N.D. 1916)
Silbernagel v. Silbernagel (N.D. 1952)
Marshall-McCartney Co. v. Halloran (N.D. 1906)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

Per Curiam.

The decision and order for judgment in the above entitled matter made no mention of costs, and the clerk therefore declined to tax any costs or insert in the judgment any provision for the recovery thereof. The plaintiff has applied for an order *206requiring the clerk to do so. This is an original suit in equity commenced in this court; hence costs may be allowed or withheld in the discretion of the court. Section 5580, Rev. Codes 1899. Under the circumstances of this case we do not think costs should be allowed. The defendants had been appointed to execute the provisions of a statute and were in good faith attempting to perform their duty. It would be unjust to mulct them for the mistakes of the legislature.

(106 N. W. 293.)

The applicaion is denied.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.