Edmonds v. Riley

Citations

• 15 S.D. 470
• 90 N.W. 139
• 1902 S.D. LEXIS 37

Syllabus

<p>1. Laws 1893, Chap. 72, § 1 requiring that “upon the trial of a question of fact by the court its decision must be given in writing and filed with the clerk within 30 days after the cause is submitted for decision.” is directory, and failure to file the same within the time limited will not affect the judgment.</p> <p>2. Judgment for plaintiff by default having been vacated, it appeared from the court’s journal that the case was regularly called for trial on July 6, 1892, a jury waived, witnesses examined, and further trial continued until the following day. On July 7th, there was no mention of the case in the journal, and no record of any judgment except the following in the docket opposite the title of the case, in the clerk’s handwriting: “July 6th, the case tried to the court. July 7th, judgment for defendant.” Seven years thereafter, defendant presented to the court an affidavit of the court reporter of 1892, from which it appeared that at the close of the trial in July, 1892, the then judge directed the reporter to take down in shorthand the findings of the court and its conclusions of law, and he annexed to his affidavit a transcript of the findings and conclusions. Held proper for the judge in office to adopt the findings annexed to the reporter’s affidavit, and sign the same as the findings of the court, and to enter judgment thereon.</p> <p>3. Laws 1889, Chap. 26, § 1, makes void a foreclosure sale of chattels not in conformity with the provisions of the act. Section 7 provides that within 10 days after foreclosure the person making the sale shall make out in writing a full report of all the proceedings, “and shall file the same in the office of the register of deeds.” Held, that failure to file the report invalidated the sale.</p>