Page:North Dakota Reports (vol. 3).pdf/138

Judge of the Fifth Judicial District while said judge was outside of the third district, and within his own district—the fifth. The judge of the fifth district signed and certified to both judgments as follows: “Roderick Rose, Judge, acting for and in place of Wm. B. McConnell, at his special request, and in his absence from the state.” No question arises upon this record touching the accuracy of the several amounts entered in the judgments as costs or disbursements. After the entry of said judgments, defendant obtained an order of the District Court for the Third Judicial District, signed by the judge thereof, requiring plaintiff to show cause, why said judgments should not be vacated; and pending the hearing of said order to show cause, and before the same was determined, said District Court, at plaintiff's instance, granted another order, requiring defendant to show cause “why the judgments herein entered, and signed by Judge Rose should not be in all things confirmed, and stand as the judgments of this court, or why judgment should not be entered on the verdict for $484 and costs, as taxed and allowed by the court.” Said orders, respectively, were based upon affidavits, but the contents thereof, except as hereinafter mentioned, are not now important to notice. The motions embodied in the two orders to show cause were heard at the same time, and after hearing counsel the District Court ordered as follows: ‘That each of said motions be, and the same is hereby, denied.” This order bears date on: March 2gth, 1892. On April 2nd, 1892, the District Court made the following order: “The order requiring plaintiff to show cause why the two judgments herein, dated January 30th, 1892, signed by the Honorable Roderick Rose, Judge of the Fifth Judicial District, should not be set aside and vacated, coming on for a hearing, A. C. Davis, defendant’s attorney, in support of said order, and J. E. Robinson, plaintiff's attorney, showing cause contra, and on due consideration, ordered, that said order to show cause be, and the same is hereby, discharged, and the application of defendant to set aside and vacate the judgment is hereby denied as to each of the same. This order is made as a partial substitute for order