Page:Compiled Laws of the State of North Dakota 1913 vol II.pdf/24

== CODE OF CIVIL PROCEDURE ==

Courts §§ 7342-7347
§ 7342. Power to execute judgments, decrees, etc. Said court is vested with full power and authority necessary for carrying into complete execution all its judgments, decrees and determinations in the matters aforesaid and for the exercise of its jurisdiction as the supreme judicial tribunal of the state; and shall by order made at general or special term from time to time make and prescribe such general rules and regulations for the conduct, and hearing of causes in said court not inconsistent with the statute law of the state, as it may deem proper; and the said court shall by order prescribe the manner of publication at the expense of the state of such rules and regulations; and the same shall not be in force until thirty days after the publication thereof.

[R.C. 1905, § 6754; 1891, ch. 118, § 3; R.C. 1899, § 5168.]

'''§ 7343. Decisions. Syllabus.''' The said court shall in all cases decided by it give its decision in writing, which shall be filed with the clerk of said court with other papers in the case. Decisions in cases heard at a general or special term and all order affecting the same may be filed in vacation, and judgment entered thereon in pursuance of the finding and order of the court with the same effect as upon decisions made and filed in term. Said court at the time of announcing its decisions in any action determined by said court shall file with the clerk thereof a syllabus of the decision in such action, so prepared as to embody as briefly as practicable the principles settled in and by such decision.

[R.C. 1905, § 6755; 1891, ch. 118, § 4; R.C. 1899, § 5169]

§ 7344. Adjournments. If any two judges of said court shall not attend on the first or on any other day of the term, the clerk shall enter such fact on record, and the judge present shall adjourn the court to the next day and so on from day to day for six days, if neither of the absent judges appears; at the end of which period said court shall be adjourned, and all matters pending therein shall stand continued until the next regular or special term. If none of the judges appears, the clerk of said court may adjourn from day to day as provided in this section.

[R.C. 1905, § 6756; 1891, ch. 118, § 5; R.C. 1899, § 5170.]

§ 7345. When causes on calendar stand over. Whenever there is no general term of said court at the time fixed therefor by law for any cause, or whenever there is a continuance of the term of said court or change in the time of holding any term by act of the legislative assembly, all causes then upon the calendar of said court, all writs, recognizances, appeal and proceedings commenced, taken or made returnable to said court at said term shall stand over to and be heard at the general term with like effect as if no such failure continuance or change had occurred.

[R.C. 1905, § 6757; 1891, ch. 118 § 6; R.C. 1899, § 5171.]

§ 7346. Preference on calendar. On a second and each subsequent appeal to the supreme court or when an appeal has once been dismissed for defect or irregularity the cause shall be placed upon the calendar as of the time of filling the first appeal; and whenever in any action or proceeding in which the state of North Dakota, or any state officer, or any board of state officers, is or are sole plaintiff or defendant, an appeal has been or shall be brought from any judgement or order for or against him or them in any court, such appeal shall have a preference in the supreme court and may be moved by either party out of the order on the calendar.

[R.C. 1905, § 6757; 1891, ch. 118, § 6; R.C. 1899, § 5171.]

§ 7347. Majority of judges must concur. The concurrence of a majority of the judges I necessary to pronounce judgment. If a majority does not concur, the case must be reheard. But no more than who rehearing's shall be had; and if on the second rehearing a majority of the judges does not concur, the judgment shall be affirmed.

[R.C. 1905, § 6759; C. Civ. P. 1877, § 25; R.C. 1895, § 5173.] Leviticuss007 (talk) 20:47, 1 November 2022 (UTC)Leviticuss007