Page:Compiled Laws of the State of North Dakota 1913 vol II.pdf/20

== CODE OF CIVIL PROCEDURE ==

§ 7319. Title. This act shall be known as the code of civil procedure state of North Dakota.

[R.C. 1905, § 6731; C. Civ. P. 1877, § 1; R.C. 1895, § 5145.]

§ 7320. Not retroactive. No part of it is retroactive unless expressly so declared.

[R.C. 1905, § 6732; C. Civ. P. 1877, § 2; R.C. 1899, § 5146.]

Amendatory act of 1907 does not operate to oust district court of jurisdiction acquired by it over appeals previously taken and perfected. Jenson v. Frazer, 21 N.D. 257, 130 N.W. 832.

'''§ 7321. Code is law of this state. Excludes common law.''' The rules of the common law that statutes in derogation thereof are to be strictly construed has no application to this code. The code establishes the law of this state respecting the subjects to which it relates, and its provisions and all proceedings under it are to be liberally construed with a view to effect its objects and to promote justice.

[R.C. 1905, § 6733, C. Civ. P. 1877, § 3; R.C. 1899, § 5147.]

As to liberal construction of statutes. Brown v Smith, 13 N.D. 580, 102 N.W. 171; Scott v. District Ct., 15 N.D. 259, 107 N.W. 61.

As to "cause of action" against which statute of limitations does not run while party is without the state, applying to mortgage foreclosure action. ''Colonial & U.S. Mortg. Co. v. Northwest Thresher Co.'', 14 N.D. 147, 70 L.R.A. 814, 116 Am. St. Rep. 642, 103 N.W. 915, 8 A. & E. Ann. Cas. 1160.

On code of civil procedure as establishing complete system of pleading and practice. ''Phillips v. Branch Mint Min. & Mill. Co.'', 27 S.D. 350, 131 N.W. 308.

§ 7323. Prior rights not affected. No action or proceedings commenced before this code takes effect and no right accrued is affected by its provisions, but the proceedings therein must conform to the requirements of this code as far as applicable.

[R.C. 1905, § 6734; C. Civ. P. 1877, § 4; R.C. 1899, § 5148.]

§ 7323. Limitations commenced to run not interrupted. When a limitation or period of time prescribed in any existing statute for acquiring a right or barring a remedy, or for any other purpose, has begun to run before this code goes into effect, and the same or any limitation is prescribed in this code, the time which has already run shall be deemed part of the time prescribed as such limitation by this code.

[R.C. 1905, § 6735; C. Civ. P. 1877, § 5; R.C. 1899, § 5149.]

Limitation of time within which action to be commenced; amendment of statute Osborne v. Lindstrom, 9 N.D. 1, 81 N.W. 728, 1 Am. St. Rep. 516, 46 L.R.A. 715.

§ 7324. Computation of time. The time in which any act provided by law is to be done is computed by excluding the first day and including the last unless the last is a holiday, and then it is also excluded.

[R.C. 1905, § 6736; C. Civ. P. 1877, § 6; R.C. 1899, § 5150]

Computation of time. Taylor v. Brown, 5 D. 335, 40 N.W. 525

Rules of computation applies to notice in laying out highways. Williams v. Turner Township, 15 S.D. 182, 87 N.W. 968

Holiday in time for appearance under summons not last day included. ''C.M. & St. P. Ry. Co. v. Nield'', 16 S.D. 370, 92 N.W. 1069

A holiday intervening between the day of service and return day of summons will be included. Chicago, M. & St. P. R. Co. v. Nield, 16 S.D. 370, 92 N.W. 1069

Redemption may be made on Monday, where last day of year allowed therefor falls on Sunday. Styles v. Dickey, 22 N.D. 515, 134 N.W. 702.

Leviticuss007 (talk) 19:24, 1 November 2022 (UTC)Leviticuss007