Page:Compiled Laws of the State of North Dakota 1913 vol II.pdf/25

== CODE OF CIVIL PROCEDURE ==

Courts §§ 7348-7350
§ 7348. Adjournment to other buildings. The supreme court may be held in other buildings than those designated by law as places for holding courts and at a different place in the same city from that at which it is appointed to be held.

[R.C. 1905, § 6760; C. Civ. P. 1877, § 26; 1879, ch. 53, § 1; R.C. 1895, § 5174.]

§ 7349. Jurisdiction of district courts defined. The district courts have the general jurisdiction conferred upon them by the constitution and in the exercise thereof they have power to issue all writs, process and commissions provided therein or by law or which may be necessary to the due execution of the powers with which they are vested. They have power to hear and determine all civil actions and proceedings and all cases of crimes and misdemeanors of every kind; and they have all the powers according to the usages of the causes and parties and the full and complete administration of justice and to carrying into effect their judgments, orders and other determinations, subject to a re-examination by the supreme court as provided by law. They have jurisdiction of appeal from all final judgments of justices of the peace and police magistrates, and from all judgments, decrees or orders of the county court, and from the determination of inferior officers, boards or tribunals, in such eases and pursuant to such regulations as may be prescrived by law.

[R.C. 1905, § 6761; R.C. 1895, § 5175.]

If application for removal to federal court is not made at proper time, right is lost. Filing petition does not divest state court of jurisdiction. Intervenor's right to have action removed. ''State ex rel. Mers v. Barns'', 5 N.D., 350, 65 N.W. 688.

Circuit court may entertain action for annulment of marriage although plaintiff has been resident of state for years. Montague v. Montague, 25 S.D. 471, 30 L.R.A. (N.S.) 745, 127 N.W. 639, Ann. Cas. 1912C, 591

'''§ 7350. Court always open. Procedure.''' The district court is always open for the purpose of hearing and determining all actions, special proceeding, motions and applications of whatever kind or character, and whether of a civil or criminal nature, arising under the laws of the state, and of which such court has jurisdiction, original or appellate, except issues of fact in civil and criminal actions. Such issues must be tried in term time in the county or judicial district in which the action is brought or to which the place of trial such action or upon the grounds provided by law; provided, that issues of trial has been waived, may, in the discretion of the court and upon the consent of the parties in open court entered in the minutes or in writing filed with the clerk, be tried and determined and judgment given out of term time at any place within the district in which such action is pending.

[R.C. 1905, § 6762; 1893, ch. 86, § 2; R.C. 1899, § 5176.]

Reason for exercising judicial powers by judge as such and not by court, has practically ceased. King v. McClurg, 7 S.D. 67, 63 N.W. 219

This statute was not repealed by state constitution. Benedict v. Ralys, 1 S.D. 167, 46 N.W. 188.

Judge at chambers has jurisdiction to issue a writ of mandamus. Territory v. Shearer, 2 D. 332, 8 N.W. 135.

Judge may still make orders as a judge. Black Hills Min. Co. v. Grand Island Co., 2 S.D. 546, 51 N.W. 342

As to functions of district court and judge. Martinson v. Marzolf, 14 N.D. 301, 103 N.W. 937.

Trial of action when circuit court was not regularly in session renders judgment therein voidable. Lockard v. Lockard, 21 S.D. 134, 110 N.W. 104

Judges have authority at all time in or out of session to hear and determine questions of law. Johnson v. N.P. Ry., 1 N.D. 354, 48 N.W. 227; Schaetzel v. City of Huron, 6 S.D. 134, 60 N.W. 741

Judge cannot at his option determine whether a given matter is or is not a court matter. Insurance Co. v. Weber, 2 N.D. 239, 50 N.W. 703

Judge may direct entry of judgment while outside of his district. Gould v. Elevator Co., 3 N.D. 96, 54 N.W. 316. Leviticuss007 (talk) 21:58, 1 November 2022 (UTC)Leviticuss007