Page:Compiled Laws of the State of North Dakota 1913 vol II.pdf/22

== CODE OF CIVIL PROCEDURE ==

Courts. §§ 7329-7337
Contempt proceeding should be remedial to be a special proceeding. State v. Davis, 2 N.D. 461, 51 N.W. 942.

§ 7330. Action defined. An action is an ordinary proceeding in a court of justice, by which a party prosecutes another party for the enforcement or protection of a right, the redress or prevention of a wrong or the punishment of a public offense.

[R.C. 1905, § 6742; C. Civ. P. 1877, § 12; R.C. 1899, § 5156.]

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

A party may consent to dismissal of action without consent of his attorney. Paulson v. Lyson, 12 N.D. 354, 97 N.W. 533.

§7331. Special proceedings. Every other remedy is a special proceeding.

[R.C. 1905, § 6743; C. Civ. P. 1877, § 13; R.C. 1899, § 5157.]

Contempt proceedings should be remedial to be special proceeding. ''State ex rel. Edwards v. Davis'', 2 N.D. 461, 51 N.W. 942.

As to similar provisions in Cal. Code Civ. Proc., § 23 see ''In Matter Central Irr. Dist.'', 117 Cal. 382, 49 Pac. 354

§ 7332. Actions classified. Actions are of two kinds:

1. Civil

2. Criminal.

[R.C. 1905, § 6744; C. Civ. P. 1877, § 14; R.C. 1899, § 5158.]

§ 7333. Criminal action Defined A criminal action is one prosecuted by the state as a party against a person charged with a public offense for the punishment thereof.

[R.C. 1905, § 6745; C. Civ. P. 1877, § 15; R.C. 1899, § 5159.]

Proceeding for violation of city ordinance is not a criminal action. Canterville v. Olson, 16 S.D. 526, 94 N.W. 414

Conviction for peddling without license is criminal action and reviewable by writ of error only. State v. Cram, 20 S.D. 159, 105 N.W. 99.

Character of prosecution for violation of municipal ordinance as civil or criminal. 33 L.R.A. 33; 4 L.R.A. (N.S.) 782; 48 L.R.A. (N.S.) 161.

Suit for statutory penalty as a civil or criminal prosecution. 27 L.R.A. (N.S.) 739.

'''§ 7334. Civil action. Process.''' Every other is a civil action; and all process in civil actions shall run in the name of the state of North Dakota.

[R.C. 1905, § 6746; C. Civ. P. 1877, § 16; R.C. 1899, § 5160.]

As to similar provision in Cal. Code Civ. Proc. § 25, see Ex parte Harker 49 Cal. 465.

§ 7335. Civil and criminal remedies not merged. When the biolation of a right admits of both a civil and criminal remedy, the right to prosecute the one is not merged in the other.

[R.C. 1905, § 6747; C. Civ. P. 1877, § 17; R.C. 1899, § 5161]

ARTICLE

1. OF THE COURTS IN GENERAL, §§ 7336 - 7338.

2. THE SUPREME COURT, §§ 7339 - 7348.

3. THE DISTRICT COURT, §§ 7349 - 7354

§ 7336. Courts. The following are the courts of justice of this state:

1. The supreme court.

2. The district court.

3. The county courts.

4. The courts of justice of the peace.

5. Such other courts as are or may be created by law for cities, incorporated towns and villages.

Of these the supreme, district and county courts are courts of record.

[R.C. 1905, § 6748; C. Civ. P. 1877, § 18; R.C. 1895, § 5162.]

'''§ 7337. Sittings of courts public. Persons may be excluded, when.''' The sittings of every court of this state shall be public and every citizen may freely attend the same, except that on the trial of cases of a scandalous or obscene nature the presiding judge or justice may, in his discretion exclude therefrom. Leviticuss007 (talk) 19:37, 1 November 2022 (UTC)Leviticuss007