Page:Compiled Laws of the State of North Dakota 1913 vol II.pdf/23

== CODE CIVIL PROCEDURE ==

Courts. §§ 7337-7341
all persons not necessarily present as parties or witnesses.

[R.C. 1905, § 6749; 1890, Ch 104, § 1; R.C. 1895, § 5163.]

'''§ 7338. Courts not open on Sundays and holidays. Jurisdiction of magistrates on such days.''' Courts shall not be open on Sundays or legal holidays unless for the purpose of instructing or discharging a jury, or receiving a verdict. Any magistrate may, however, on such days exercise his jurisdiction in criminal cases to preserve the peace or arrest offenders, and may all cases either civil or criminal admit any person arrested to bail.

[R.C. 1905, § 6750; 1895, § 5164.]

Judge is not obliged to remain for purpose of receiving verdict on Sunday.  Auld v. Cathro, 20 N.D. 461, 32 L.R.A. (N.S.) 71, 128, N.W. 1025, Ann. Cas. 1913A. 90

Validity of court business transacted on legal holiday. 19 L.R.A 317; 10 L.R.A (N.S.) 791.

Receiving verdict on Sunday. 39 L.R.A. (N.S.) 844.

'''§ 7339 Jurisdiction defined. Power to issue writs.''' The supreme court shall have and exercise appellate jurisdiction only, except when otherwise specially provided by law or the constitution. The supreme court has power in the exercise of its original jurisdiction to issue writs of habeas corpus, mandamus, quo warranto, certiorari and injunctions; provided, that said court shall exercise the said original jurisdiction only in habeas corpus cases and in such cases of strictly public concern as involve questions affecting the sovereign rights of the state or its franchises or privilege.

[R.C. 1905, § 6751; 1891, ch. 118, § 1; R.C. 1899, § 5165.]

Courts of general jurisdiction have inherent power to set aside any judgment or decree procured by fraud or deceit or successful party practice upon complaining party to action and the court. Cannot dismiss with costs. Yorke v. Yorke, 3 N.D. 343, 55 N.W. 1095.

Prerequisites of issuance of injunctional orders by supreme courts. See Anderson v. Gordon et al., 9 N.D. 480, 83, N.W. 993.

§ 7340 Issue and return of writs. The supreme court shall be always open for the issue and return of all writs and process which it may lawfully issue and for the hearing and determination of the same, subject to such regulations and conditions as the court may prescribe. And any judge of said court may order the issuance of any such writ of process, and prescribe the time and manner of service and the time and place of return of the same; provided, that in cases of habeas corpus the judge of the supreme court who issues or causes the writ to issue may, at his discretion, direct that the writ shall be made returnable and heard and determined, either before the supreme court or any district court of the state; provided, further, that any district court or judge thereof before whom any writ is made returnable as prescribed in this section is hereby vested with full power and authority necessary for carrying into complete execution all of its judgments, decrees, and determinations, subject to appeal as provided by law.

[R.C. 1905, § 6752; 1891, ch. 118, § 2; R.C. 1899, § 5166.]

§ 7341. Issues of fact to be sent to district court for trial. Whenever an issue of fact shall be joined or assessments of damages by a jury be necessary in any action or proceeding commenced in the supreme court, the court may in its discretion, send the same to some district court, and it shall be there determined in the same manner as other issues of fact are tried or assessments made and return be made thereof as discretion by the supreme court. In such cases the supreme court may order a special verdict to be found and returned.

[R.C. 1905, § 6753; R.C. 1895, § 5167.] Leviticuss007 (talk) 19:39, 1 November 2022 (UTC)Leviticuss007