The condition of the record in this case has caused us some embarrassment. The action was for a divorce, and was dismissed. It was tried after the enactment of Ch. 82, Laws 1893, the first section of which contains the following language: "In all actions tried by the District Court without a jury, wherein issue of fact has been joined, all the evidence offered in the trial shall be taken down in writing, or the court may order the evidence or any part thereof to be taken in the form of depositions, or either party may, at pleasure, take his testimony or any part thereof by deposition; provided, that whenever such evidence is taken down in shorthand and written out at length, it shall be deemed to have been taken down in writing, and all testimony so taken in shorthand must, at the request of either party, be so written out at length, and filed with the clerk. All evidence taken as provided by this section shall be certified
Having reached a conclusion as to what the decree must be in this case, we find ourselves with no certain guide as to the manner in which it shall be entered. Chapter 82, Laws 1893, declares that this court shall “render final judgment therein according to the justice of the case.” The rendition of judgment is the act of a court. The entry of judgment is the act of a clerk. Gould v. Elevator Co., 3 N. D. 96, 54 N. W. 316. In § 26, Ch. 120, Laws 1891, it is provided that “in all cases the Supreme Court shall remit its judgment or decison to the court from which the appeal was taken to be enforced accordingly, and, if from a judgment, final judgment shall thereupon be entered in the court below in accordance therewith, except when otherwise ordered.” Our practice has been in accordance with this provision. The law of 1893 does not repeal or modify or refer to this provision. There is no statutory authority for the entry of judgment in this court,
Ordered accordingly.