Page:1862 Territory of Dakota Session Laws.pdf/116

CHAP. VIII.] . 305. In any civil action, wherein the defendant shall answer or demur on or before the first day of the term next succeeding the service of process, such first term shall be the appearance term, and such cause shall be continued, on the application of either party, to the next term, at which time the same shall be tried, unless for good cause the court shall continue the same.

. 306. In actions wherein default is made, judgment shall be rendered at the first term after the service of process, provided service shall be made not less than ten days before the term.

. 307. The clerk shall make out a copy of the trial docket for the use of the bar before the first day of the term of court.

. 308. Every human being of sufficient capacity to understand the obligations of an oath, is a competent witness in all cases, both civil and criminal, except as herein otherwise declared; and no person shall be disqualified as a witness in any civil action or proceeding, by reason of his or her interest in the result of the same, as a party or otherwise; but such interest may be shown for the purpose of affecting his or her credibility.

. 309. No party to a suit shall be allowed to testify in his own behalf, by virtue of the last section, when the adverse party is the executor, administrator, or heir of a deceased person, where the facts to be proved transpired before the death of such deceased person.

. 310. Facts which have heretofore caused the exclusion of testimony may still be shown for the purpose of lessening its credibility.