Page:1862 Territory of Dakota Session Laws.pdf/131

114 at whose suit he is in custody, shall be of any force, unless some attorney expressly named by the person in custody, be present and sign the warrant of attorney as witness.

. 394. When a trial by jury has been had, judgment must be rendered by the clerk in conformity to the verdict, unless it is special, or the court order the case to be reserved for future argument or consideration.

. 395. Where the verdict is special, or where there has been a special finding or particular questions of fact, or where the court has ordered the case to be reserved, it shall order what judgment shall be entered.

. 396. Where, upon the statement in the pleadings, one party is entitled by law to judgment in his favor, judgment shall be so rendered by the court, though a verdict has been found against such party.

. 397. If the counter claim or set-off, established at the trial, exceeds the plaintiff's claim so established, judgment for the defendant must be given for the excess; or if it appear that the defendant is entitled to any affirmative relief, judgment shall be given therefor.

. 398. It shall not be necessary to reserve in a judgment or order, the right of an infant to show cause against it, after his attaining full age; but in any case in which, but for this section, such reservation would have been proper, the infant, within one year after arriving at the age of twenty-one years, may show cause against such order or judgment.

. 399. All judgments and orders must be entered on the journal of the court, and specify clearly the relief granted or order made in the action.

. 400. The clerk shall make a complete record of every cause, as soon as it is finally determined, unless such record or some part thereof be duly waived.

. 401. He shall make up such record in each case, in the vacation next after the term at which the same was determined, and the presiding judge of such court shall, at its next term thereafter, subscribe the same.

. 402. The records shall be made up from the petition, the process, return, the pleadings subsequent thereto,