Page:North Dakota Reports (vol. 3).pdf/137

 Cross appeals from District Court, Cass County; McConnell, J.

Action by Charles H. Gould against the Duluth & Dakota Elevator Company for the conversion of a quantity of wheat. After the reversal of an order vacating a judgment for plaintiff, 50 N. W. Rep. 969, judgment was entered for plaintiff. Defendant moved to vacate such judgment, and pending such motion plaintiff moved for an order confirming the judgment, or, if vacated on defendants motion, for judgment on his original verdict. From the orders entered, denying both motions, both parties appeal.

Affirmed.

J. E. Robinson, for plaintiff.

Spalding & Phelps, for defendant.

Wallin J. Ona former appeal in this action to this court, 2N. D. 216, 50 N. W. Rep. 969, an order of the District Court setting aside a verdict in plaintiff's favor, and granting a new trial, was reversed, and the trial court was directed to enter judgment in plaintiff's favor, reversing the order of the District Court, and for the costs and disbursements of this court. On filing the remittitur below, and on plaintiff's application therefor, judgment was entered in the District Court, reversing the said order of the District Court, and for plaintiff's costs and disbursements made and incurred in this court on said appeal, amounting to the sum $80.65. This judgment bears date January 30th, 1892, and the same was entered by the Clerk of the District Court for Cass County, in the Third Judicial District, where the action was pending. At the same time, and on plaintiff's motion therefor, another and separate judgment in this action was rendered and entered by the Clerk of said District Court, in favor of plaintiff and against defendant for the amount of the verdict, with interest, together with the costs and disbursements of said action in the District Court, aggregating $592.35. This judgment also bears date January 30th, 1892. Both judgments were rendered and entered without notice to defendant, or to its attorney in the action, It is conceded that both judgments were signed by the

N. D. R.—7.