Page:North Dakota Reports (vol. 3).pdf/144

 power to direct that costs shall abide the final event of the suit, we will only say that in this case the costs on the former appeal were awarded to plaintiff absolutely. There is no question before us, upon this record, touching either the several items which go to make the totals of the costs or disbursements in either of the judgments, nor is there any point made that the aggregates are excessive: No hardship or injustice appearing in this respect, we see no considerations, either of law or justice, which require us to set aside the judgment for costs. Counsel for defendant cite § 5197, Comp. Laws, requiring notice of the adjustment of costs before the clerk to be given, and make the point that no notice was given, and hence that the judgments are vulnerable for that reason. The answer to this point is that it does not appear by the record that defendant has not received notice of the adjustment of the costs before the Clerk of the District Court. If such is the fact, it should be made to appear affirmatively, for the reason that courts of review will assume in support of a judgment, until the contrary is shown, that the same was regularly rendered and entered. Gaar, Scott & Co. v. Spalding, 2.N. D. 415, 51 N. W. Rep. 867. No such point appears to have been made before the District Court, nor is error assigned in this court, predicated upon any alleged failure to give notice of taxation of costs before the clerk. Under these circumstances, we cannot rule upon the point.

A single question remains for determination. The authority of the Judge of the Fifth Judicial District to order the entry of the judgments in question is broadly challenged. Counsel for defendant say in their brief: “It is not the physical fact of signing the order outside the Third Judicial District which the defendant contends is error, but the assumption of jurisdiction of the cause, and the rendering of judgment, outside of the proper district.” We think the act of signing an ex parte order for judgment, if done within the state, but outside of the district where the action is pending, and the signing is done by the Judge of the District Court in which the action is pending, is not an irregularity in