Page:North Dakota Reports (vol. 3).pdf/142

 upon the report of a referee, the court sustained the practice against the objection that no express statute conferred on the Clerk of the Court authority to enter judgment without notice in such cases, although the clerk could do so in jury cases under § 268 of Ch. 66. The court cited earlier decisions and refused to disturb the existing practice of entering judgment without notice. Much less we think, should the existing practice be disturbed in this state, where unlike Minnesota, no judgment can be entered without the direction of the court, or a judge thereof. While the point is not directly involved in the present case, we feel like saying, in the interest of a sound and uniform practice, that there is no statute in this state requiring the District Court, or judge thereof, to sign a judgment. An order directing the entry is all that is required. Section 5095, Comp. Laws. By the decided weight of authority, where a statute provides in terms for affixing the signature of the judge to a final judgment, such statute will be construed as directory, merely, and a failure to sign the judgment does not invalidate the same. 1 Freem. Judg. § 506c, and note. In this state, where an order for the entry of the judgment is given, it is the duty of the clerk, under § 5095, supra, to enter final judgment in the judgment book, and then place a copy of such judgment in the roll. Comp. Laws, § § 5101, 5103. On the coming in of a verdict, an order for judgment entered in the minutes, or subsequently written out, signed by the judge, and filed, will give the clerk authority to enter judgment pursuant to the order. Where the action is tried by the court, the findings should indicate clearly the character of the judgment to be entered; and such findings, without further direction from the court or judge, will authorize the entry of judgment. In no case should a judge be called upon to signa judgment.

Another of defendant’s assignments of error is predicted upon the entry of two judgments instead of one. The entry of a judgment based upon the verdict, and embracing the costs and disbursements in the District Court, was clearly regular—no stay having been granted—after the remittitur had been transmitted,