Page:Compiled Laws of the State of North Dakota 1913 vol II.pdf/21

== CODE CILVIL PROCEDURE ==

Gen'l Definitions, Etc §§ 7324-7329
Computation of time. 7 Am. Dec. 250; 46 Am. Rep. 410; 78 Am. St. rep. 876.

Fraction of a day in computation of time. 26 Am. Dec. 234

rules as to first and last days in computation of time. 49 L.R.A. 193; 15 L.R.A. (N.S.) 686

Computation of time when Sunday is first or last day. 49 L.R.A. 203; 15 L.R.A. (N.S.) 687; 38 L.R.A. (N.S.) 1162; 14 L.R.A. 120.

Computation of days of grace allowed for payment of insurance premiums or assessment where date of payment or expiration of such period falls on Sunday. 23 L.R.A (N.S.) 759

Time for instituting proceedings to transfer cause to federal supreme court. 66 L.R.A. 848

Computation of period of abandonment as affected by insanity of defendant, 16 L.R.A. (N.S.) 1071

Limitation by parties in a contract of time within which actions may be brought. 25 Am. Rep. 104

§ 7325 Language, how construed. Words and phrases are construed according to the context and the approved usage of the language; but technical words and phrases and such other as have acquired a peculiar and appropriate meaning in law, or are defined by statute, are to be construed according to such peculiar and appropriate meaning or definition.

[R.C. 1905, § 6737; C. Civ. P. 1877, § 7; R.C. 1899, § 5151.]

As to debt and obligation not being synonymous. Sonnesyn v. Akin, 12 N.D. 227, 97 N.W. 557.

§ 7326. Definition of words. The following words have in this code the signification attached to them in this section, unless otherwise apparent from the context:

1. The word "writ" signifies an order or precept in writing, issued in a writ or summons issued in the course of judicial proceedings. 2. The word "state," when applied to the different parts of the "United States" may include the district and territories.

[R.C. 1905, § 6738; C. Civ. P. 1877, § 8; R.C. 1899, § 5152.]

Notice of appeal is not "process." Gooler v. Eidsness, 18 N.D. 338, 121 N.W. 83.

'''§ 7327. Effect upon former laws. Repeals.''' No statute, law or rule is continued in force because it is consistent with the provisions of this code laws and rules theretofore in force in this state, whether consistent or not with the provisions of this code, unless expressly continued in force by it, are repealed and abrogated. This repeal or abrogation does not revive any former law heretofore repealed, nor does it affect any right already existing or provided, nor does it affect any private statute not expressly repealed.

[R.C. 1905, § 6739; C. Civ. P. 1877, § 9; R.C. 1899, § 5153]

'Challenge to array in civil cases lies as at common law, although not provided for by code of civil procedure. Jones v. Woodwarth, 24 S.D. 583, 124 N.W. 844, Ann. Cas. 1912A, 1134

§ 7328 Act, how cited. This act, whenever cited, enumerated, referred to or amended, may be designated simply as the code of civil procedure, adding when necessary, the number of the section. [R.C. 1905, § 6740; C. Civ. P. 1877, § 10; R.C. 1899, § 5154.]

§ 7329. Remedies classified. Remedies in the courts of justice are divided into:

1. Actions.

2. Special proceedings.

[R.C. 1905, § 6741; C. Civ. P. 1877, § 11; R.C. 1899, § 5155.]

Disbarment is a special proceeding. In re Eaton, 7 N.D. 269, 74 N.W. 870.

Mindamus is special proceeding. State v. Fabrick, 16 N.D. 94, 112 N.W. 74

Prosecution for a public offense is an action. State v. Rozum, 8 N.D. 548, 80 N.W. 477

Ex parte proceeding to foreclose mortgage by advertisement is not an action. Stevens v. Osgood, 18 S.D. 247, 100 N.W. 161 Leviticuss007 (talk) 19:28, 1 November 2022 (UTC)Leviticuss007