Page:1862 Territory of Dakota Session Laws.pdf/546

Rh CIVIL PROCEDURE - Continued. execution issued to sheriff, same as in court, 185. justice shall certify amount paid on judgment, 185. costs paid by whom, 186. MISCELLANEOUS PROCEEDINGS Offer to Compromise, 186. of same force as notice of how made, 186. if plaintiff fails to obtain more than was offered, he shall pay what costs, 186. making of such offer not cause for continuance of postponement, 186. a Controversy, 136. case agreed upon, and must be in good faith, 186. case, submission, and judgment; constitute the record, 186. judgment in an action, 186. Ofer to confess Judgment, 186. how made after action brought, 186. if plaintiff rocovers no more than offered, shall pay what costs, 187. offer not given in evidence on the trial, 187. proceedings after action brought, 187. Motions and Orders, 137. motion - definition of, of, 187. several objects, if if connected, may be included in same motion, 187. motion, if required, must be in writing, and contain what, 187. notices of motion, how served, 138. motions to strike papers from files, may be with or without notice, 188. every written direction of a court an order, 188. orders made out of court, entered in journal, 188. Error in Civil Cases, 188. judgments and orders of inferior courts may be reversed, &c., by district court, 138. final orders which may be vacated, &c., 188. and orders of district court may be reversed, &c., by supreme court, 138. reversals, &c., by supreme court, how petitioned for, 189. proceedings on such reversals, &c., 139. summons, how issued, 189. transcript of proceedings to be filed with petition, 189. justices shall furnish transcripts, when, 189. no proceedings to reverse, &c., shall stay execution, unless plaintiff executes undertak- ing, 140. undertaking must be approved by courts, 140. proceedings must be commenced within three years, with certain exceptions, 141. no proceedings to reverse, &c., of justice shall stay execution, unless plaintiff execute andertaking, 141. when judgment is reversed, 141. when judgment is affirmed, 142. mistake, &c., of clerk, shall not be ground of error, 142. rendering certain write abolished, and certain powers retained, 142. s judgment before action stood for trial, deemed clerical error, 142. if gment of justice be affirme be affirmed, 142. when such judgment reversed or set aside, 148. a district court may modify and vacate its own judgments, and how, 148. proceedings to correct mistakes and omissions of clerks, 144. court may first try the grounds to vacate, &c., 144. a judgment shall not be vacated until when, 144. parties seeking to vacate, &c., may obtain injunction, 144. the judgment was rendered before the action stood for trial, 144. proceedings to vacate and modify, when commenced, 146. certain provisions applying to supreme court, 145. cases pending when this code takes effect, conducted to final judgment, 146.

of costs in cases of reversal, 142. when