Page:1862 Territory of Dakota Session Laws.pdf/159

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142
CIVIL PROCEDURE.
[CHAP. VIII.

same manner as if such judgment or final order had been rendered therein. And, on motion and good cause shown, it may suspend any execution made returnable before it, by order of the supreme court, in the same manner as if such execution had been issued from its own court, but such power shall not extend further than to stay proceedings until the matter can be further heard by the supreme court.

Same.Sect. 531. When a judgment or final order is reversed, the plaintiff in error shall recover his costs, and when reversed in part, and affirmed in part, costs shall be equally divided between the parties.

When it is affirmed.Sect. 532. When a judgment or final order shall be affirmed in the supreme court, the said court shall also render judgment against the plaintiff in error, for five per cent. upon the amount due from him to the defendant in error, unless the court shall enter upon its minutes that there was reasonable ground for the proceedings in error.

Mistake, &c., of clerk shall not be ground of error unless.Sect. 533. A mistake, neglect, or omission of the clerk shall not be a ground of error, until the same has been presented and acted upon in the court in which the mistake, neglect, or omission occurred.

Rendering judgement before action stood for trial, shall be deemed clerical error.Sect. 534. Rendering judgment before the action stood for trial, according to the provisions of this code, shall be deemed a clerical error.

Certain writs abolished, and certain powers retained.Sect. 535. Writs of error and certiorari, to reverse, vacate, or modify judgments or final orders in civil cases, are abolished, but courts shall have the same power to compel, complete, and perfect transcripts of the proceedings containing the judgment or final order sought to be reversed, to be furnished, as they heretofore had under writs of error and certiorari.

If judgement of justice be affirmed. Sect. 536. If the judgment of a justice of the peace, taken on error, as herein provided, to the district court be affirmed, it shall be the duty of such court to render judgment against the plaintiff in error, for the costs of suit, and to award execution therefor; and the court shall thereupon order its clerk to certify its decision in the premises, to the justice, that the judgment affirmed may be enforced, as if such proceedings in error had not been taken; or such court may award execution to carry into effect the judgment of such justice, in the